EXHIBIT 7
AGREEMENT
BY AND BETWEEN
XXXX WHOLESALERS OF TOLEDO, INC.
AND
MILLMEN'S LOCAL UNION NO. 1359
(U.B.OF C. & J. OF A.)
AFFILIATED WITH
THE GREAT LAKES
REGIONAL INDUSTRIAL COUNCIL
EFFECTIVE MAY 1, 1997 TO APRIL 30, 2000
TABLE OF CONTENTS
PAGE
ARTICLE OF AGREEMENT 5
ARTICLE I - RECOGNITION 5
Section 1. Recognition
Section 2. New employees
ARTICLE II - PURPOSE OF AGREEMENT 5
Section 1. Purpose
Section 2. Employees to work in efficient manner
Section 3. Non-discrimination
ARTICLE III - UNION SECURITY 6
Section 1. Security
Section 2. Union visitation
ARTICLE IV - MANAGEMENT RIGHTS 6
Section 1. Management rights
ARTICLE V - CHECK-OFF OF UNION DUES 6
Section 1. Check-off
Section 2. Indemnification
ARTICLE VI - WORKING HOURS, HOLIDAYS 7
& OVERTIME
Section 1. Normal work day and work week.
Section 2. Overtime
Section 3. Holidays and eligibility
Section 4. Labor Day
Section 5. Probationary employees (overtime)
Section 6. Celebration of holidays
ARTICLE VII - SCALE OF WAGES, HOLIDAYS 8
AND INSURANCE
Section 1. Wage schedule, bonuses, shipping/relief drivers, Teamsters
lead persons
Section 2. Temporary transfers
Section 3. Job bidding procedure
Section 4. Reporting and call-in procedure
Section 5. Payday
Section 6. Insurance
Section 7. Insurance Continuation
2
ARTICLE VIII - VACATIONS 11
Section 1. Vacation schedule, calculation of length of service
Section 2. Continuous service, minimum work requirements
Section 3. Holidays during vacation
Section 4. Vacation due upon separation from Company
Section 5. Scheduling of vacations
ARTICLE XI - SENIORITY 12
Section 1. Purpose of seniority, determining length of
seniority, probationary employees,
posting of seniority list
Section 2. Loss of seniority
Section 3. Leaves of absence
Section 4. Use of bulletin boards
Section 5. Overtime work scheduling
ARTICLE X - GRIEVANCE PROCEDURE 14
Section 1. Grievance and arbitration procedure
ARTICLE XI - LEARNER RATES, ETC. 15
Section 1. Learner wage schedule
Section 2. Temporary employees
Section 3. Probationary employees
Section 4. Shop xxxxxxx
Section 5. New employees
Section 6. Examination of pay records
ARTICLE XII - NO STRIKE CLAUSE 16
Section 1. No strikes during term of the Agreement
ARTICLE XIII - COMPLIANCE WITH STATE AND 16
FEDERAL LAWS
Section 1. First aid, state liability insurance, social security
ARTICLE XIV - UNION LABEL 17
Section 1. Union label
ARTICLE XV - OUTSIDE WORK ETC. 17
Section 1. Work performed outside factory
ARTICLE XVI - SEVERABILITY, DUTY TO NEGOTIATE, ETC. 17
Section 1. Severability
Section 2. Duty to negotiate
Section 3. Complete agreement
3
ARTICLE XVII - PENSIONS 18
Section 1. Pension schedule
ARTICLE XVIII - JURY DUTY 18
ARTICLE XIX - BEREAVEMENT 18
ARTICLE XX - SAFETY AND HEALTH COMMITTEE 19
ARTICLE XXI - LENGTH OF CONTRACT 20
MEMORANDUM OF UNDERSTANDING 21
APPENDIX A INSURANCE COVERAGE 22
LETTER OF UNDERSTANDING (AIDS) 23
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ARTICLE OF AGREEMENT
THIS AGREEMENT, made and entered into by and between Xxxx Wholesalers of
Toledo, Inc., 000 Xxxxx Xxxxxxxx, Xxxxxx, Xxxx, hereinafter referred to as the
"Company" or the "Employer," and/or its successor or assign, and the United
Brotherhood of Carpenters and Joiners of America, as represented by The Great
Lakes Regional Industrial Council and Millmen's Local 1359 of Carpenters
affiliated with the AFL-CIO, hereinafter referred to as the "Union." Wherever in
this Agreement "man" or "him" or their related pronouns may appear, either as
words or parts of words, they have been used for representative purposes and are
meant to include both female and male sexes.
ARTICLE I
RECOGNITION
Section 1. The Company recognizes the Union as the exclusive bargaining
agency for all Millworkers, Shipping Clerks, Material Handlers, Sweepers and
Learners but excluding Management, Supervisors, Office Sales, Clerical, Truck
Drivers and Salespersons.
Section 2. The Company will furnish a new employee with a copy of the
Company Rules and Regulations, introduce the employee to the Xxxxxxx within two
(2) days and explain the insurance benefits and starting pay.
ARTICLE II
PURPOSE OF AGREEMENT
Section 1. It is the intent and purpose of the parties hereto that this
Agreement will supersede all previous and existing agreements, to promote and
improve harmonious and efficient relationship between the employees and the
Company, to provide for the operation of the Employer's plant under conditions
which will further, to the fullest extent possible, the economic welfare of the
Company and its employees, quality and quantity of output, protection of
property, economy of operations, cleanliness of the plant and to set forth the
rates of pay, hours of work and conditions of employment.
Section 2. Employees, parties to this Agreement, shall perform their work
in an efficient and workmanlike manner.
Section 3. The terms of this Agreement shall apply equally to all
employees of the Company regardless of race, color or creed, sex, national
origin or religious belief.
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ARTICLE III
UNION SECURITY
Section 1. All employees of the Company covered by this Agreement must, at
the end of thirty (30) calendar days, join and remain members of the Union as a
condition of employment and all new employees hired, except summer help, must,
at the end of thirty (30) calendar days after the date of employment, join and
remain members of the Union as a condition of employment subject to the terms of
the Labor Management Relations Act of 1947 as now constituted, or amended, and
also subject to any successor law of the LMRA of 1947.
Section 2. Union Visitation: The Service Representative of the Union, or
his assignee, may visit the Employers plant at reasonable times for the purpose
of investigating and adjusting complaints or grievances arising under this
Agreement; provided that he first reports to and secures permission from the
manager or person in charge of the Employer's plant. No group meetings shall be
held on the premises of the employer without his consent. No meeting shall be
held by Employer with employees after working hours without compensation as
overtime pay, providing meeting is called by Employer.
ARTICLE IV
MANAGEMENT RIGHTS
Section 1. The management of the plant and the direction of the working
force, including the right to suspend or discharge for proper cause, and the
right to determine personnel needs in relation to work schedules, and the
quality of workmanship needed, is exclusively with the Company, provided that
the Union rights set forth in this Agreement, including the use of the grievance
procedure and arbitration, shall not be curtailed.
ARTICLE V
CHECK OFF OF UNION DUES
Section 1. Check off Authorization: It is understood and agreed between
the Employer and the Union that the Employer will deduct current Millmen's Local
Union No. 1359 monthly dues and the Great Lakes Regional Industrial Council's
dues from the paycheck of all employees who have signed proper legal
authorization forms for such deductions and who are covered by this Agreement.
Monthly local union dues (payable in advance) will be deducted on the first full
pay period of the current month. The Great Lakes Regional Industrial Council
dues will also be deducted in this first full pay period for hours worked in the
preceding month. The Local's monthly dues shall be remitted to the Financial
Secretary-Treasurer of the Local Union. The Great Lakes Regional Industrial
Council dues shall be remitted to the Secretary-Treasurer of The Great Lakes
Regional Industrial Council.
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Section 2. Indemnification of Company: The Union will indemnify the
Company against any liability arising out of such deductions based upon the
authorizations and lists furnished by the Union.
ARTICLE VI
WORKING HOURS, HOLIDAYS OR OVERTIME
Section 1. Except as hereinafter provided, the normal workweek shall
consist of a calendar week of five (5) consecutive days from Monday through
Friday. Eight (8) hours (between the hours of 6:00 a.m. and 5:00 p.m.) shall
constitute a normal working day, and forty (40) hours shall constitute a normal
workweek. There will be a ten (10) minute paid break in the morning and a ten
(10) minute paid break in the afternoon. There will be a thirty-five (35) minute
unpaid lunch break midway through the work shift. For each two (2) hour period
an employee works beyond eight (8) hours, he shall receive a ten (10) minute
paid break in the first hour of such overtime period.
Section 2. Time and one-half shall be paid on all hours worked or parts of
hours worked in excess of forty (40) in any one week. For overtime calculation
purposes, all hours for which an employee is compensated shall be credited
against the forty (40) hours on a straight time basis. Double time shall be paid
for work performed on Sundays and on holidays specified herein. If a paid
holiday is worked, an employee shall be paid double time for the hours worked
plus the regular holiday pay.
The Company will not schedule long days and short weeks for the purpose of
undermining the overtime provisions of this Section.
Section 3. For overtime purpose under Section 2 of this Article, the
following are recognized holidays:
Day before New Year's Day
New Year's Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
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In order to be eligible for holiday pay, any employee who has completed
his probationary period shall receive his straight time hourly rate of pay for
eight (8) hours work, provided that the employee works the full scheduled normal
working day preceding and the full scheduled normal working day following a
holiday; however, those employees whose absence or tardiness on the day
preceding a holiday or on the day following a holiday is excused by the manager,
or by the person designated by him, for illness or good cause shall receive pay
for the holiday.
Section 4. No work shall be performed on Labor Day except to save life or
property.
Section 5. Probationary employees shall participate in overtime work only
when:
A. They have completed their probationary period; or
B. The entire shop works, or
C. Regular employees refused overtime or cannot be contacted.
Section 6. For overtime purpose under Section 3 of this Article, the
listed holidays shall be celebrated on those days reported by the Toledo Area
Chamber of Commerce as being preferred for celebration by the majority of Toledo
area employers.
ARTICLE VII
SCALE OF WAGES, HOLIDAYS AND INSURANCE
Section 1. The following classifications and scale of wages shall be in
full force and effect under this Agreement:
Minimum Hourly Rates of Pay
--------------------------------------------------------------------------------
Classification 5/1/97 5/1/98 5/1/99
--------------------------------------------------------------------------------
Red Circle (hired prior to 5/1/82) 12.15 12.35 12.55
Mill 11.90 12.25 12.55
Shipping 11.50 12.00 12.55
Shipping/Driver 11.50 12.00 12.55
Sweepers 7.86 7.86 7.86
The Shipping/Relief Driver will receive the Regular Teamster's Driver
Rate, subject to the Learner Rate schedule of such Shipping/Relief Driver if
applicable, when driving.
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If a Shipping/Relief Driver drives three (3) days or more per week on a
regular scheduled basis for 12 consecutive weeks or more, he will become a
member of the Teamsters Union and qualify as a full time driver.
Teamsters will be allowed to work on the dock on an occasional basis or on
a day for which no run is scheduled.
If any Local 1359 bargaining unit member is laid off no Teamster will work
in the warehouse. If any Teamster is laid off no Local 1359 bargaining unit
member will drive truck.
The Company shall have the right to designate lead persons within the
foregoing classifications. Employees designated as lead persons shall receive
premium of thirty cents ($.30) per hour in addition to their classification rate
while serving in such capacity. Employees designated as lead persons shall have
no authority to hire and fire or to discipline employees, but shall be
responsible for assisting supervision with relaying work assignments,
maintaining the work schedule, training fellow workers, checking for product
quality and such other related duties as may be assigned by the Company.
Section 2. When an employee is temporarily transferred by the Company from
one classification to another within the bargaining unit, he shall be paid
his/her regular rate or the rate of the classification to which he is
transferred, whichever is higher, for all time spent in the classification as a
temporary. The Company shall first seek volunteers to be transferred, asking in
order of seniority of those who have the skill and ability to perform the work.
If no one volunteers to be transferred, the Company may then require the least
senior employee who has the skill and ability to do the work, to be transferred.
Unless otherwise mutually agreed between the Company and the Union, temporary
transfers shall not extend beyond sixty (60) calendar days.
Section 3. Job Bidding Procedures:
Within three (3) workdays of a permanent position becoming open, the
Company shall post such opening on the bulletin board in writing. The notice of
the opening shall describe the principal duties associated with the current
vacancy and shall set forth which department vacation sign-up list will apply to
the opening. The notice shall remain posted for three (3) workdays before the
Company awards the position to any employee. Employees will be considered for
job openings who notify the Company of their desire to change classifications or
departments (Mill and Warehouse Departments) in writing during the three (3) day
posting period. The Company will then appoint the most senior employee who has
responded to the job posting. A ten (10) workday qualifying period will apply.
Within ten (10) workdays of being assigned the posted position an employee may
decline the job and be returned to his regular position. If no one has indicated
an interest, the Company shall fill such vacancy at its discretion. No employee
may change classification or department more than once per nine (9) months. The
Company will provide the Union Xxxxxxx with a copy of all job postings.
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Section 4. Reporting and Call-in:
(A) Reporting Time:
On a standard workday as defined in Article VI of this Agreement, unless
instructed not to report before leaving home, employees reporting for work who
ring in and are not permitted to work shall receive four (4) hours' pay.
On a standard work day as defined in Article VI of this Agreement, if an
employee is put to work and without his request is released by the Company
before completing one-half (1/2) day's work, he shall be paid one-half (1/2)
day's pay; provided, however, that employees may leave the premises or be
released by the Company due to inclement weather conditions or emergency
conditions not reasonably controllable, or because of an act of God.
(B) Call-In Time:
Any employee called to work on Saturdays, Sundays or holidays, and without
his request is released by the Company before completing four (4) hours work,
shall be paid four (4) hours straight time at his regular hourly rate, plus any
applicable overtime premium for hours actually worked.
Section 5. Pay day shall be weekly and employees shall be paid between
their lunch period and quitting time on pay days, and in no case shall more than
one (1) week's pay be held back. Any employee who is laid off or discharged
shall receive all wages due him on the next pay day. Any employee who quits on
his own volition shall receive all wages due him on the next pay day.
Section 6. The Company will provide an insurance program known as the Xxxx
Flex Benefits Plan (the "Plan") for each full-time employee (and his dependents)
covered by this Agreement after the conclusion of his probationary period. The
Plan shall include, at Company cost, insurance coverage for life, accidental
death and dismemberment, weekly sickness and accident ($200 per week effective
first day of non-occupational accident and eighth day of personal illness for a
maximum of 26 weeks), long-term disability, and comprehensive health (Option 2,
Gold Seal II). The deductibles, co-insurances, and out-of-pocket annual maximums
for Option 2, Gold Seal II (the current levels of which are set forth in
Appendix A to this Agreement) may be changed at the discretion of the Company,
but the cumulative effect of any such changes on in network coverage on Option
2, Gold Seal II shall not increase the out-of-pocket maximums for family
coverage by more than ten percent (10%) in any calendar year and shall not
increase the out-of-pocket maximums for single coverage by more than ten percent
(10%) in any calendar year. The Plan shall also include voluntary vision care,
voluntary dental care, a voluntary health care reimbursement account, a
voluntary dependent care reimbursement account and a voluntary premium
conversion program. The Plan shall also include two additional comprehensive
health options (Option I, Gold Seal I and Option 3, Gold Seal III), the cost and
credits for enrollment in same, as well as
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the deductibles and co-insurance provisions of which, may be changed at the
discretion of the Company during the life of this Agreement.
Temporary and part-time employees shall not participate in the foregoing
benefits.
The Company may change coverage or contract with carriers other than those
currently providing coverage, so long as the plan remains substantially similar,
but not necessarily equal to or the same as the coverage provided at the start
of this Agreement. Any change in coverage which is not substantially similar to
that provided at the start of this Agreement must be discussed in good faith
with the Union prior to implementation. The Union will be given the opportunity
to present viable alternatives to the Company to attempt to avoid or reduce cost
increases to its members. If no agreement is reached, and the Company implements
provisions which the Union maintains are not substantially similar to the
coverage provided at the start of this Agreement, the Union may utilize the
grievance and arbitration procedure in order to resolve the disagreement.
Section 7. When an employee ceases to be actively engaged in work for the
Employer due to a sickness or injury leave, the Employer shall continue
insurance coverage as set forth in Section 6 of this Article for a period of
nine (9) months or length of service, whichever is less, after the month in
which said employee shall cease to be engaged in work for the Employer for the
aforementioned reasons.
ARTICLE VIII
VACATIONS
Section 1. Vacation Schedule: All full time regular employees covered by
this Agreement who have been in the employ of the Company for the periods
specified below, shall receive a vacation as indicated in the following
schedule:
Length of Continuous Service
No. of Years No. of Vacation Hours
---------------------------- ---------------------
1 40 hours
3 80 hours
10 120 hours
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Length of continuous service shall be figured from January 1 to December
31, and employees shall be eligible for the vacation due them on January 1st of
each year. For vacation calculation purposes, employees hired prior to May 1,
1991 shall be considered as having a full year of service for the first calendar
year in which employed. Employees hired after May 1, 1991 shall be considered as
having a full year of service for the first calendar year in which employed
after completing that first calendar year, if hired prior to July 1. Employees
hired after May 1, 1991 shall not receive credit for service for the first
calendar year in which employed if hired on or after July 1 of that year, but
shall receive a prorated vacation in the calendar year beginning on January 1
following their date of hire.
Section 2. "Continuous service" as used herein means that such employee
must have remained on the active payroll of the Company for such period, but
authorized time off for sickness, layoff, accidents or any leave of absence
granted in writing by the Employer shall not be interpreted to affect or
interrupt such continuity of service. To be eligible for a fully paid vacation,
an employee must have worked a minimum of seventy-five percent (75%) of the
scheduled hours of the plant during the calendar year. In cases where a regular
employee has been laid off due to lack of business or has been off on a
disability leave, including FMLA leave or Workers' Compensation leave, and has
not worked seventy-five percent (75%) of the scheduled hours, eligibility for a
paid vacation shall be determined on a proportional basis as follows:
Scheduled hours worked by employee
----------------------------------
2000 hours
Section 3. If a holiday should fall during a vacation period of an
employee entitled to a vacation with pay, it is understood that the employee
shall receive his full vacation pay and time off, in addition to the holiday pay
and time off of eight (8) hours at straight time, plus an additional day of
vacation.
Section 4. No more than one vacation will be earned in any twelve (12)
month period. If for any just cause an employee desires to quit or is discharged
from the employment of said Employer after one (1) full year of service, it is
understood and agreed that such an employee shall be entitled to his vacation
pay proportioned so that his earned vacation can be determined from January 1 to
his expiration date with the Company.
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Section 5. The time of the vacation shall be by agreement with the Company
as set forth in the following manner. Once per year in January, the Company
shall post a vacation sign-up list in each department (Interior Door, Steel
Door, Xxxxxxxx, Receiving, Loading). Employees shall select their desired time
off by plant seniority within their department. The Company shall award
vacation time in accordance with the employees' requests unless more than one
(1) employee from the same department requests the same vacation time. In the
case where more than one (1) employee requests the same vacation time, then the
employee with the most seniority shall be awarded the requested time, and the
other(s) shall select another time. Employees who do not choose their vacation
time during the month of January will not be allowed to bump a less senior
employee from his scheduled vacation time, but will receive vacation time on a
first-come, first-served basis. The company shall not restrict the amount of
earned vacation time an employee may take consecutively during any one (1)
period, except that employees may not take more than two (2) weeks of their
earned vacation during the period May 1 through October 31, inclusive. Other
than this limitation and the case of more than one (1) employee from the same
department requesting the same time, the Company shall not restrict any time of
the year [excluding inventory for up to two (2) weeks per year] from use for
vacations. Vacation days will not be substituted for absences related to
sickness or personal business unless requested in writing by the employee, up to
five (5) days per year.
ARTICLE IX
SENIORITY
Section 1. The principle of seniority shall be observed by the Employer so
far as reducing or adding to the working force. Seniority shall be determined on
the basis of the length of continuous service with the Company beginning with
the date of employment. The designated union representative will be furnished an
up-to-date seniority list. He will also be furnished promptly the names and
dates of all additions to or deletions from, and the reason for the deletion
from the seniority roster. Seniority of employees employed on the same day will
be determined by the starting time recorded on the timecard. Probationary
employees shall have no seniority; but after completion of their probationary
period, their seniority shall be determined from the date of hire. Seniority
list shall be posted on the bulletin board.
When the Company determines that it needs to reduce the work force, it
will first allow employees to volunteer for the layoff. If more employees
volunteer for the layoff than the Company intends to select, then the most
senior employees who have volunteered will be allowed. If there are an
insufficient number of volunteers, then the least senior employees in the plant
shall be laid off. Volunteers are subject to recall voluntarily by order of
seniority when the Company again increases the work force. If an insufficient
number of employees volunteer to return in response to a recall notice,
employees who have the skill and ability to do the work available may be
required to return in inverse order of seniority. At any time after six (6)
weeks on layoff, a volunteer
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may return to work by giving notice of his intention to return at least seven
(7) workdays in advance of his return date. If the Company still requires a
reduced work force, it will lay off the least senior employee in the plant to
replace the returning volunteer. The Company shall give a five (5) workday
notice of any nonvoluntary layoff.
Section 2. An employee shall lose his seniority for any of the following
reasons:
(a) Resignation or quit
(b) Discharge for proper cause
(c) In the event of a layoff for eighteen (18) months
(d) In the event of an employee on layoff is recalled to work and fails to
report for work within three (3) days after receiving notice. A notice to an
employee on layoff to return to work shall be sufficient, if delivered by
telegraph or registered mail, to such employee's last known address as shown on
the books of the Company. It is the obligation of the employee to keep the
Company notified at all times of his correct address for receipt of notice.
Employee must supply an emergency address if going out of town. An employee who
is absent from his regular address because of an illness, vacation or any
emergency and fails to receive recall notice thereby, shall not lose his
seniority under this Article, providing that within forty-eight (48) hours of
his return to his regular address following such illness, vacation or emergency,
he makes written contact with the Employer and asserts his seniority rights. The
date the letter is postmarked shall be considered first day of notice.
(e) After one year in the case of a bargaining unit member accepting a
management position or a position in the Teamster bargaining unit with the
Company.
Section 3. The Employer will, on written request, grant an employee a
leave of absence for good cause, not to exceed thirty (30) days, unless unusual
circumstances merit a longer leave, without loss of seniority rights. Employment
elsewhere during such leave of absence shall automatically cancel seniority
rights. Leaves of absence may be extended by mutual agreement between the Union
and the Employer. Any employee selected to a Union position or as a Union
delegate will, on request from the Union, be granted leave of absence by the
Employer for the duration of the employee's tenure as Union officer or Union
delegate, [not to exceed one (1) year]. All leaves of absence shall be
conditioned upon giving of sufficient notice to make arrangements for handling
the work of the employee receiving the leave.
Section 4. The Union shall have the right to the use of the Company's
bulletin boards for the purpose of posting notices of Union meetings and
recreational activities.
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Section 5. Overtime Work: Overtime work during the week (Monday through
Friday) except Shipping/Relief Driver and Janitors shall be shared equally by
all bargaining unit members. All bargaining unit members shall be required to
remain at work until all work assigned for that day has been completed.
Employees who request to not work overtime may be released by the Company. After
the normal eight (8) hour day has been completed, the Company may reassign
employees as needed in accordance with Article VII, Section 2.
Saturday overtime work shall be on a voluntary basis. Employees wishing to
volunteer for Saturday overtime shall sign a list posted by the Company once per
week. The Company shall select employees from the list by order of seniority and
ability to perform the work. If a sufficient number of employees is not obtained
by such offers, the overtime work may be assigned by the Company to the least
senior qualified employees on a plant-wide basis, provided that no employee
shall be required to work more than one (1) Saturday in a single month.
Saturdays worked on a voluntary basis shall be treated the same as Saturdays
worked by assignment for the purpose of the latter limitation.
ARTICLE X
GRIEVANCE PROCEDURE
Section 1. All grievances between the Union or any employee and the
Employer shall be handled in the following manner:
Step One: Any employee having a grievance shall, within three (3) working
days of its occurrence, first present it to the Union Xxxxxxx who shall then
present it to a management official in the presence of the aggrieved employee,
and shall make every reasonable effort to effect a satisfactory settlement
Step Two: If the grievance remains unsettled, it shall be reduced to
writing on a grievance form provided by the Union, signed by the aggrieved
employee and the Union Xxxxxxx, and presented to a management official. The
aggrieved employee, the Union Xxxxxxx, and the management official shall then
make every reasonable effort to effect a satisfactory settlement. If the
grievance is not settled in forty-eight (48) hours, a meeting time will be
scheduled for the third step of the grievance procedure.
Step Three. In the event no settlement is reached in Step Two of the
grievance procedure, the grievance shall be taken up by the Plant Manager or his
designee, and one or more business agents of the Regional Council. It is agreed
that these representatives of the Union and the Company shall meet within seven
(7) days after being notified of an appeal to this third step of the grievance
procedure.
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Step Four. If no settlement of the grievance is effected within ten (10)
days of the meeting of the Union and Company officials under Step Three of the
grievance procedure, either the Employer or the Union shall have the right to
submit the matter for arbitration with the Toledo Labor-Management-Citizens
Committee or the U.S. Mediation and Conciliation Service. In either event, the
decisions of the arbitrator shall be final and binding upon all parties in the
dispute, provided however, that in no event shall any decisions of the
arbitrator change, add to or detract from any of the terms of this Agreement.
The cost of the arbitrator shall be equally shared by the Union and management
ARTICLE XI
LEARNER RATES, ETC.
Section 1. The rates for Learners shall be as follows:
1st year -- 80% of Journeymen's rate
2nd year -- 90% of Journeymen's rate
3rd year -- 95% of Journeymen's rate
4th year -- 100% of Journeymen's rate
Section 2. The Company shall have the right to hire temporary employees
during peak business demand to supplement its regular work force, but such
temporary employees shall not perform overtime work unless it has been refused
by regular permanent employees. Such temporary employees shall be paid seventy
percent (70%) of the rate for the Shipping classification, but not be entitled
to any of the fringe benefits provided in this Agreement for regular permanent
employees. Temporary employees are to be used between May 1st and October 31.
Any temporary employee so hired who works beyond October 31st shall be subject
to all provisions of this Agreement. No such temporary employees shall be hired
when any regular employee is on layoff due to lack of work or is scheduled to
work less than forty (40) hours per week due to lack of work. Time spent as a
temporary employee during the one (1) year previous to being hired as a regular,
full-time employee shall be credited solely toward an employee's probationary
period but shall not be counted as time worked for any other purpose. The
employee's date of hire for seniority purposes shall be adjusted backward from
his actual date of hire as a regular, full-time employee by the amount of time
so credited.
Section 3. Excepting temporary employees and notwithstanding the Union
membership provisions of this Agreement, there shall be a sixty (60) day
probationary period for all new employees, during which period the Employer
shall have sole authority and right to discharge any person who, in the opinion
of the Employer, does not qualify for the job assigned. Said right to discharge
may be exercised at any time within the probationary period.
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Section 4. There shall be a Shop Xxxxxxx, and, in his absence, an
alternate, representing the Union, whose duties shall be to see that the members
of the Union are in good standing and to help maintain harmonious relations
between the Company, the Union and the employees. The Shop Xxxxxxx, or his
alternate, shall be permitted such time during normal working hours as is
reasonably necessary to check and register new employees, to act as custodian of
the union label and to perform the usual duties of a xxxxxxx with the least
possible interference with his job. The Shop Xxxxxxx shall be given preferred
seniority during the period of his stewardship, and shall be treated as having
the longest service of any employee covered by this Agreement, for purposes of
layoff and recall only.
Section 5. The Company will furnish the Shop Xxxxxxx with a list of all
new employees classified as Learners and department working in.
Section 6. The Shop Xxxxxxx or Business Agent of the Union may upon
request examine the pay of any employee subject to this agreement to ascertain
if any or all employees are receiving full pay scale or applicable overtime
rate.
ARTICLE XII
NO STRIKE CLAUSE
Section 1. The Union on its own behalf and/or behalf of the employees
which it represents agrees that there shall be no strikes, sympathetic or
otherwise, walkouts, slowdowns or work stoppages of any nature authorized by the
Union or its members during the term of this Agreement. The Union or its agents
shall not be liable for any breach of this clause by reason of any strike,
walkouts, slowdown or work stoppages not authorized or ratified by the Union. In
the event of a strike, walkout, slowdown or work stoppage by one or more
employees, not authorized by the Union, the Union within twenty-four (24) hours
after notice thereof from the Employer shall announce that such action is
without its authority, shall notify all employees participating therein to
return to work, and cooperate with the Company in taking whatever other steps
are necessary to assure a resumption of work.
ARTICLE XIII
COMPLIANCE WITH STATE AND FEDERAL LAWS
Section 1. Employer agrees to provide first-aid facilities for employees,
to maintain State Liability Insurance, and to comply with the Social Security
Act.
Section 2. Employer agrees to comply with the provisions of the
Occupational Safety and Health Act and lawful regulations promulgated thereto.
17
ARTICLE XIV
UNION LABEL
Section 1. An application shall be made for the Union Label to the first
General Vice President of the United Brotherhood of Carpenters and Joiners of
America. If the application is approved, and the Union Label is issued by the
United Brotherhood of Carpenters and Joiners of America to be placed upon the
Employer's products, the Label shall remain the property of the United
Brotherhood of Carpenters and Joiners of America, and shall be at all times in
the possession of a member of the United Brotherhood of Carpenters and Joiners
of America; and said Union Label shall at no time be used in any manner that
will be detrimental to the interest and welfare of the members of the United
Brotherhood. Use of said Label may be withdrawn from the mill, shop, factory or
manufacturing establishment of the Employer at any time at the discretion of the
international Union.
ARTICLE XV
OUTSIDE WORK
Section 1. When an employee is required to perform work outside the
factory, he shall receive the prevailing xxxxxxxxx'x scale of wages paid for
such work, except on service calls confined entirely to correcting errors.
ARTICLE XVI
SEVERABILITY, DUTY TO NEGOTIATE, ETC
Section 1. Severability: If any Article or Section of this Agreement or of
any rider thereto should be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance with or enforcement of any Article
or Section should be restrained by such tribunal pending a final determination
as to its validity, the remainder of this Agreement and any rider thereto, or
the application of such Article or Section to persons or circumstances other
than those as to which it has been held invalid or as to which compliance with
or enforcement of has been restrained, shall not be affected thereby.
Section 2. Duty to Negotiate: In the event that any Article or Section is
held invalid or enforcement of, or compliance with which, has been restrained,
as above set forth, the parties affected thereby shall enter into prompt
collective bargaining negotiations, upon the request of the Union or the
Company, for the purpose of arriving at a lawful and mutually satisfactory
replacement for such Article or Section during the period of invalidity or
restraint.
18
Section 3. Complete Agreement: Except where otherwise provided for in this
Agreement, the Company shall not be obligated to bargain collectively with the
Union during the term of this Agreement on any matter pertaining to wages, hours
or other terms and conditions of employment.
ARTICLE XVII
PENSION
Section 1. The Company shall contribute to the State Carpenters' Pension
Fund, Cleveland, Ohio, the sum of One Dollar and Fifteen Cents ($1.15) per hour
for all hours worked (including driving truck) for each employee covered by this
Agreement who has been on the payroll thirty (30) days or more, and was hired on
or after May 1, 1982, which contribution amount shall be increased to One Dollar
and Twenty Cents ($1.20), effective with the first full payroll period after May
1, 1998.
The Company shall contribute to the State Carpenters' Pension Fund,
Cleveland, Ohio, the sum of one Dollar and Sixty Cents ($1.60) per hour for all
hours worked (including driving truck) for each employee hired prior to May 1,
1982. The Union may divert a portion of the wage increase to the Pension Plan.
ARTICLE XVIII
JURY DUTY
Section 1. When a regular employee is summoned for jury duty, the Company
will reimburse him for losses in regular wages which occur as a result of
serving on jury. Such reimbursement will be the difference between the pay
received for jury duty and his pay for the regularly scheduled hours of work. It
shall be a condition of the foregoing that an employee report to work whenever
he is excused from jury duty during his normal work hours.
19
ARTICLE XIX
BEREAVEMENT
Section 1. In the event of the death of a permanent employee's spouse,
parent, stepparent, child, stepchild, brother or sister, such employee shall be
granted up to three (3) days' leave, with pay at his regular straight time
hourly rate for eight (8) hours per day, to arrange and attend the funeral.
Any employee who is absent from work because of the death of a
grandparent, grandchild, half-brother, half-sister, step-brother, step-sister,
mother-in-law or father-in-law, will be granted up to eight (8) straight hours'
pay during the normal workweek, provided he attends the funeral.
ARTICLE XX
SAFETY AND HEALTH COMMITTEE.
Section 1. The Company and Union shall establish a Joint Safety Committee,
to be composed of one (1) employee selected by the Union and one (1)
representative of the Company.
The Committee shall meet once per month at a mutually agreeable time to
discuss safety and health issues and make recommendations to correct problems.
Proper minutes shall be kept of the monthly meetings and the meetings may
include a tour of the plant to identify hazards. Safety and health hazards may
be reported on forms provided by the Company at any time by any employee.
20
ARTICLE XXI
LENGTH OF CONTRACT
Section 1. This Agreement shall take effect as of May 1, 1997 and shall
continue through April 30, 2000 and thereafter from year to year unless
terminated or amended at the option of either party upon written notice to the
other, not less than sixty (60) days prior to any such termination date.
Signed this 27th day of May, 1997.
XXXX WHOLESALERS OF GREAT LAKES REGIONAL
TOLEDO, INC. INDUSTRIAL COUNCIL
/s/ Xxxx X. XxXxxxxx /s/ Xxxxxxx X. Xxxxxx
------------------------------ ------------------------------
------------------------------ MILLMEN'S LOCAL NO. 1359
/s/ Xxxxxxx X. Xxxxxx
------------------------------
WAGE COMMITTEE
/s/ Xxxxxxx X. Yinneman
------------------------------
/s/ Xxxxxxxxx X. Xxxxxxx
------------------------------
------------------------------
21
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
XXXX WHOLESALERS OF TOLEDO, INC.
(hereinafter the "Company")
AND
THE UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
(hereinafter the "Union")
It is understood and agreed by and between the Company and the Union that
the following bargaining unit employees shall be granted one hundred and sixty
(160) hours of vacation per year: Xxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxx Xxxxxxx,
Xxxxxx Xxxxxx, Xxxxx Xxxxxxx, and Xxxxxx Xxxxxxx, Xx. Except for the above
amount of vacation, all other terms, conditions, and procedures contained in
Article VIII of the Collective Bargaining Agreement shall apply.
Signed this 27th day of May, 1997.
XXXX WHOLESALERS OF THE UNITED BROTHERHOOD
TOLEDO, INC. OF CARPENTERS AND JOINERS
OF AMERICA
/s/ Xxxx X. XxXxxxxx /s/ Xxxxxxx X. Xxxxxx
------------------------------ ------------------------------
/s/ Xxxxxxx X. Xxxxxx
------------------------------ ------------------------------
22
APPENDIX A
================================================================================
Option 1 Option 2 Option 3
Medical Gold Seal I Gold Seal II Gold Seal III
--------------------------------------------------------------------------------
Network Non-Network
Deductible
Individual $400 $175 $ 400 $ 500
Family $600 $300 $1,000 $1,500
Per Hospital Admission n/a n/a $ 250 n/a
Coinsurance 80/20% 90/10% 70/30% 80/20%
--------------------------------------------------------------------------------
Coinsurance Limit
Individual $2,500 $3,750 $3,000 $ 5,000
Family $5,000 $7,500 $9,000 $10,000
--------------------------------------------------------------------------------
Out-of-pocket
Annual Maximum
Individual $ 900 $ 550 $1,300 $2,000
Family $1,600 $1,050 $3,700 $4,500
--------------------------------------------------------------------------------
Plan Maximum $1,000,000 $1,000,000 $1,000,000 $1,000,000
--------------------------------------------------------------------------------
Prescription Card $15 $15 $15 $15
--------------------------------------------------------------------------------
Mail Order Pharmacy $20 $20 $20 $20
--------------------------------------------------------------------------------
Cost Management
Hospital PAR Yes Yes Yes Yes
Second Surgical Opinion Managed Managed Managed Managed
--if required, covered at 100% 100% 100% 100%
--------------------------------------------------------------------------------
Mental Health and Substance
Abuse Calendar Year Max.
--Inpatient $10,000 $10,000 $10,000 $10,000
--Outpatient $ 1,000 $ 1,000 $ 1,000 $ 1,000
COMBINED LIFETIME
MAXIMUM $25,000 $25,000 $25,000 $25,000
================================================================================
Covered medical expenses include such items as:
Hospital Expense Outpatient Surgery
Emergency Room Care X-Ray and Lab Expenses
Ambulance Expense Radiation Therapy Expense
Pre-Admission and Post-Discharge Testing Nursing Expense
Physician's Expenses Mental and Nervous Conditions
Surgical and Anesthesia Expense Home Health Care Benefits
Mammograms and Prostate Exams Human Organ Tissue Transplants
LETTER OF UNDERSTANDING
BY AND BETWEEN
XXXX WHOLESALERS OF TOLEDO, INC.
AND
THE UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
April 29, 1997
Xx. Xxxxxxx X. Xxxxxx
Business Representative
Millmen's Local No. 1359, UBCJA
0000 Xxxxx Xxxxx Xxxx
Xxxxxxxx, Xxxx 00000
Re: Xxxx Wholesalers of Toledo, Inc./
Millmen's Local Union No. 1359
Dear Xx. Xxxxxx:
During our recent labor contract negotiations, there was discussion
regarding insurance coverage for Acquired Immune Deficiency Syndrome ("AIDS")
under the Company's health insurance program. In the course of that discussion,
certain understandings were reached.
The AIDS Plan Benefit Maximum of $25,000 will be eliminated. The
condition known as AIDS shall be covered under the health insurance program on
the same terms and conditions as other illnesses and disabilities.
We trust that this letter accurately sets forth the understandings
reached with regard to this matter in our recent negotiations. If so, we would
ask that you sign the enclosed copy of this letter and thereby acknowledge your
assent to this understanding.
FOR XXXX WHOLESALERS OF TOLEDO, INC.
By
-------------------------------------
Xxxxxxx X. XxXxxxxx
FOR MILLMEN'S LOCAL UNION NO. 1359
By
-------------------------------------
Xxxxxxx X. Xxxxxx
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