AGREEMENT BETWEEN BRISTOL METALS, LLC AND UNITED STEELWORKERS OF AMERICA LOCAL 4586 DECEMBER 10, 2009
AGREEMENT
BETWEEN
BRISTOL
METALS, LLC
AND
UNITED
STEELWORKERS OF AMERICA
LOCAL
4586
DECEMBER
10, 2009
1
TABLE
OF CONTENTS
ABSENTEEISM…………………………………………………………………...24
BEREAVEMENT
LEAVE………………………………………………………..31
CHECK OFF
PROVISIONS……………………………………………………….3
GENERAL...………………………………………………………………………28
GRIEVANCE
PROCEDURE……………………………………………………..26
GROUP
INSURANCE...………………………………………………………….30
HOLIDAYS...……………………………………………………………………..19
HOURS OF
WORK...…………………………………………………………….16
JURY
DUTY...……………………………………………………………………31
LEAVE OF
ABSENCE...…………………………………………………………28
MANAGEMENT…………………………………………………………………...3
NO
DISCRIMINATION…………………………………………………………...6
PAY CHECK OFF
PROVISION……………………………………………………5
PENSION
AGREEMENT………………………………………………………...30
PROFIT
SHARING PLAN……………………………………………………….10
RECOGNITION……………………………………………………………………2
SAFETY
AND HEALTH…………………………………………………………25
SENIORITY……………………………………………………………………….20
SHIFT
ASSIGNMENTS & SHIFT PREFERENCE…………………………….…9
SHOP
COMMITTEE……………………………………………………………....25
SUPERVISORY
EMPLOYEES……………………………………………………28
TERMINATION……………………………………………………………………32
VACATIONS……………………………………………………………………....11
VOCATIONAL
TRAINING……………………………………………………….41
WAGES……………………………………………………………………………...6
2
P
R E A M B L E
THIS AGREEMENT, dated December 10,
2009, is entered into between BRISTOL METALS, L.L.C., Bristol, Tennessee
(hereinafter referred to as the Company), and the UNITED STEELWORKERS on behalf
of Local 4586 (hereinafter referred to as the Union).
It is the intent and purpose of the
parties hereto that this agreement will promote and improve industrial and
economic relationships between the employees and the Company, and to set forth
herein the basic agreement covering rates of pay, hours of work and conditions
of employment to be observed between the parties hereto.
ARTICLE 1 – Recognition
1. As
a result of the election, supervised by the National Labor Relations Board of
April 5, 1951 and May 5, 1954, and the Decision in Case No. 10-UC-23, January
10, 1969, the Company recognizes the United Steelworkers, as the sole exclusive
bargaining agency for all fabrication, production and maintenance employees at
the Company's Bristol, Tennessee Plant, excluding all office, clerical,
technical, professional, supervisory and custodial employees, as defined in the
National Labor Relations Act.
2. The Company and the Union
agree to attempt the settlement of all grievances at lowest levels possible, and
the Union agrees to conserve as much of the Company's time as possible, in the
disposition of complaints.
3. It is understood that all
provisions of this Agreement are subject to existing Federal, State and Local
Laws.
4. In order to insure
maximum, uninterrupted production during the term of this contract, the Company
will not lock out its employees on account of labor differences and the Union on
its behalf and on behalf of its agents, representatives, employees and members,
individually and collectively, agrees there will be no strikes of any kind or
nature, including sympathy strikes, during the term of this
contract.
In the event of such a strike or threat
thereof, the Company, while hereby preserving all the rights and remedies it may
have at law or equity, will notify the Union promptly, which in turn, will exert
all maximum efforts to prevent or terminate any such strike activity or
conduct.
3
Any employee
who engages in such prohibited conduct may be disciplined or discharged at the
sole discretion of the Company, and such decision will not be reviewable under
the grievance-arbitration procedures of the contract, except on the question of
whether the grieving employee actually participated, actively or passively, in
such conduct; or whether such employee was irrationally disciplined or
discharged.
ARTICLE 2 – Management
1. The Union agrees that,
subject to the other provisions of this agreement, the function of Management
belongs solely to the Company, and that it will not interfere with the Company's
free exercise of this function.
2. The function of
Management includes, among other things: The right to select and to
hire new employees; the right to direct the work forces; the right to formulate
reasonable plant rules; the right to discipline, suspend, discharge for cause,
transfer, demote or promote, and the right to relieve employees of their duty
because of lack of work, lack of skill or inefficiency, in such manner as to
promote the efficient operation of the plant; and the right to assign work to
employees; to decide the number and location of its plants; to determine the
products to be manufactured, including the means and processes of manufacturing
and to introduce new or improved production methods or facilities and except to
the extent provided for in this agreement, the Company reserves and retains,
solely and exclusively, all of its inherent rights to manage the business as
such rights existed prior to the execution of this agreement.
ARTICLE 3 - Check Off
Provisions
Upon receipt of voluntary written
authorization from any employee in the form to be provided by the Union, the
Company will deduct from the earnings of said employee his monthly membership
dues in the Union under the following procedure:
The greater amount of Five Dollars or
an amount equal to 1.45% of the employee's total earnings in the immediately
prior month not to exceed two and one-half times an employee's average hourly
earnings in the immediate prior month. Such authorization may be in
the following form:
4
CHECK-OFF AUTHORIZATION
For the United
Steelworkers
Company
________________________________________
Plant
____________________________________________
Date
, 20______
Pursuant to this authorization and
assignment, please deduct from my pay each month, while I am in employment
within the collective bargaining unit in the Company, monthly dues, assessments
and (if owing by me) an initiation fee each as designated by the Treasurer of
the International Union, as my membership dues in said Union.
The afore said membership dues shall be
remitted promptly by you to the International Treasurer of the United
Steelworkers, or its lawful successor at the address which he authorizes, in
writing, for that purpose.
The assignment and authorization shall
be effective and cannot be canceled for a period of one (1) year from the date
appearing above or until the termination date of the current collective
bargaining agreement between the Company and the Union, whichever occurs
sooner.
I hereby voluntarily authorize you to
continue the above authorization and assignment in effect after the expiration
of the shorter of the periods above specified, for further successive periods of
one (1) year from such date. I agree that this authorization and
assignment shall become effective and cannot be canceled by me during any such
years, but that I may cancel and revoke by giving to the appropriate management
representative of the plant in which I am then employed, an individual written
notice signed by me and which shall be postmarked or received by the Company
within fifteen days following the expiration of any such year or within the
fifteen days following the termination date of any collective bargaining
agreement between the Company and the Union covering my employment if such date
shall occur within one of such annual periods. Such notice of
revocation shall become effective respecting the dues for the month following
the month in which such written notice is given; a copy of any such notice will
be given by me to the Financial Secretary of the Local Union.
5
Local
Union No. ________________________________________________________
United
Steelworkers Signature _____________________________________________
Witness
________________________________________________________________
Check No.
_____________________________________________________________
Ledger
No._____________________________________________________________
The Union
shall indemnify and save the Company harmless against any and all claims,
demands, suits or other form of liabilities that rise out of or by reason of
action taken by the Company in reliance on the aforementioned written assignment
or for the purpose of complying with any of the provisions of this
section.
The Union shall submit to the Company
at its request a list of its members; such list shall not be required more often
than three month intervals. The Company will furnish a designated
officer or individual of the Local Union each month as expeditiously as
reasonably practicable, two (2) copies of the names of the employees from whose
earnings such deductions have been made, along with the amounts of money so
deducted.
ARTICLE 4 –
PAC Check-off Authorization
The Company agrees that it will
check-off and transmit to the Treasurer of the United Steelworkers Political
Action Committee (USW PAC) voluntary contributions to the USW Political Action
Fund from the earnings of those employees who voluntarily authorize such
contributions on forms provided for that purpose by the USW PAC. The
amount and timing of such check-off deductions and the transmittal of such
voluntary contributions shall be as specified in such forms and in conformance
with any applicable state or federal statue.
The signing of such USW PAC check-off
form and the making of such voluntary annual contributions are not conditions of
membership in the Union or of employment with the Company.
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 action taken or not taken by
the Company for the purpose complying with any of the provisions of this
Section.
6
The United Steelworkers Political
Action Committee supports various candidates for federal and other elective
office, is connected with the United Steelworkers, a labor organization, and
solicits and accepts only voluntary contributions, which are deposited in an
account separate and segregated from the dues fund of the Union, in its own fund
raising efforts and in joint fund raising efforts with the AFL-CIO and its
Committee on Political Education.
In cases where a deduction is made
which duplicates a payment already made to the union by an employee, or where a
deduction is not in conformity with the provisions of the Union Constitution and
Bylaws or the National Labor Relations Act, refunds to the employee will be make
by the local Union.
ARTICLE 5 - No
Discrimination
It is agreed that there shall be no
discrimination as provided in applicable State and Federal Statutes, against any
employee by the Union or the Company because of race, color, religion, national
origin, sex, age, or memberships or non membership in a labor
organization.
The parties recognize that the
individuals covered by this Agreement are likewise covered by the Family and
Medical Leave Act of 1993, and that the Company will abide the Act which
provides for up to twelve (12) weeks of unpaid leave per year for employees in
appropriate circumstances.
ARTICLE 6 -
Wages
The
various jobs within the following classifications shall be:
Job
Classification
|
Jobs
in Classification
|
1
|
General
Helper
|
Fit-Up
Helper
|
|
Press
Opeator Helper
|
|
7-1/2
Ton Overhead Crane
|
|
10
To Overhead Crane
|
|
All
other small machine operators
|
7
2
|
Yard
Tractor Driver
|
Gas
Furnaces
|
|
Fork
Lift Operator
|
|
Maintenance
Apprentice
|
|
Crane
Hookup
|
|
Tack
& Spot Welding
|
|
Pickle
Tank Operator
|
|
Doall
Saw Operator
|
|
Storekeeper
|
|
Shipping
& Receiving
|
|
Warehouse
Operator Helper
|
|
Sand
Belt Operator
|
|
3
|
Power
Press Brake Helper
|
Power
Shear Heler
|
|
Ajax
Furnace
|
|
Pipe
Sizing
|
|
Pipe
sixzing Press Operator
|
|
Pipe
Plasma Burner
|
|
Plate
Plasma Burner
|
|
Template
Operator
|
|
Rotary
Straightener
|
|
Lubrication
Technician
|
|
Planisher
(165 Mill)
|
|
Machine
Beveler
|
|
Pickle
Tank Operator
|
|
Pipe
Marker Operator
|
|
Warehouse
Oprator
|
|
Hydro
Tester Operator
|
|
4
|
Power
Press Brake Operator
|
Power
Press Brake Operator
|
|
Power
Roll, Tank Head, and Angel
|
|
oll
Operator
|
|
MobileCrae
Operator
|
|
Tube,
Stake and Semi-Audomatic
|
|
Equipment
|
|
X-Ray
Tech
|
|
Shipping
Tech
|
8
5
|
Welder
|
QC
Senior Lab Tech
|
|
Boring
Mill
|
|
6
|
Fit-Up
|
Level
3 Radiographer
|
|
(X-Ray)
|
|
7
|
Maintenance
Mechanic
|
Maintenance
Electrician
|
|
Special
Projects Mechanic
|
9
RATES
Rates of pay for the foregoing
classifications are set forth in Appendix "A". Rates shown in the
various Columns of Appendix "A" shall become effective as
follows: Column 1, February 1, 2010; Column 2, February 7, 2011;
Column 3, February 6, 2012; Column 4, February 4, 2013; Column 5; February 3,
2014.
All job classifications deleted will
be restored to the classification where located at the time of deletion, if the
Company brings the job back. Employees in Classifications 2 and 4 can
bid on job vacancies in Classifications 2+ and 4+, respectively, without such
bids being prohibited as cross bids.
RATES FOR NEW JOBS AND CHANGED
JOBS
When the Company establishes a new
job in the bargaining unit, it shall temporarily place it in a classification in
line with the wage scale of similar work in jobs covered by this
Agreement.
After a reasonable period of time
allowed for perfecting the procedures and the machine or equipment involved, and
when the job becomes fully operational, that is, is functioning normally in the
production process, the Company will provisionally place it in a classification
in line with the wage rate for similar work in jobs covered by this
Agreement.
If no one in the classification is
available to fill the job, it shall be posted for bids in the normal
manner.
The provisional classification for
such a job will remain in effect for sixty days from the time the provisional
classification is made. If, after the sixty day period, the Company
deems the classification to be proper and accurate and the Company notifies the
Union in writing, and no grievance is filed by the Union within five calendar
days after the end of the sixty day period, the provisional classification will
be considered the permanent classification for the job.
10
If during the
term of this Agreement a significant and substantial change in job content in a
job has been effected by the Company to the extent that the wage rate has become
inappropriate as compared to the wage rate for similar jobs covered by this
Agreement, and the company fails to reclassify the job, the Union may request
the Company to review the circumstances in conference with the
Union.
However, resort to the grievance
procedure may be invoked only on the basis that the action of the Company is
arbitrary and capricious.
There will be no retroactivity with
respect to rates. Grievances filed hereunder shall be concerned only
with the consistency of the rate paid for similar work in jobs covered by this
agreement.
ARTICLE 7 -
Shift Assignments and Shift Preference
The Company will staff all shifts on
the basis of the employee's preference of shifts, taking into account his
classification, skills and experience and plant seniority as vacancies
occur. However, the junior qualified employee may be assigned to a
particular shift when in the judgment of the Company, his skills and experience
are needed to provide a balance of skills and experience between the shifts, and
such will promote the efficient operation of the plant.
When such an assignment takes place,
however, and the employee who was assigned possesses sufficient plant seniority
to work on a different shift of his preference, after a period of thirty days on
such assignment he may apply for a shift of his preference within his department
based on his plant seniority, classification, skill and experience,
provided that such application may be made by the employee only once in any six
(6) calendar month period and provided that an employee with the necessary skill
and experience, who possesses less plant seniority, is available to replace
him. Under such circumstances, the Company will train a junior
employee. Subject to the foregoing conditions but in addition to the
above applications, application for shift preference may be made throughout the
plant once each year during a period of two consecutive calendar weeks to be
designated by the Company.
11
The parties
hereto agree it is not the intention of the parties to abuse the assignment of
employees between shifts, and that the company agrees to confer with the Union,
upon request, concerning alleged abuse.
A
premium rate of $.25 per hour will be paid for workers assigned to
second and third shift.
ARTICLE 8 -
Profit Sharing Plan
Reason for the Profit
Sharing Plan
The manufacture and sale of stainless
steel pipe and fittings is a highly competitive business with many domestic as
well as foreign producers. Because worldwide productive capacity is
much greater than demand, prices for these products will continue to be under
pressure. Under these conditions, the only way we can produce profits
is by working together to control costs and operate efficiently. It
is hoped that this profit sharing plan ("plan"), which is effective only during
the term of this agreement, will:
1. Motivate every employee
eligible under the plan to improve his or her performance and help in every way
they can to produce profits.
2. Reward employees for
their efforts by paying them a share of Brismet profits as additional
remuneration over and above their wages and salaries.
Who
Participates
Every production, maintenance and
supervisory employee who is assigned to pipe and fittings manufacturing
(Departments 75 and 72), hereinafter called Brismet, and who:
1. Is a full-time employee
that has completed 90 days of full-time employment
2. Is employed at the end
of any quarter for which a distribution is paid
3. Is employed by the
Company or on layoff at the time any distribution is paid for the first, second,
third and fourth quarter unless termination was due to retirement or disability
for which the employee received benefits under the Company's corresponding
benefit plan; and
4. Is employed by the
Company at the end of the fiscal year in question unless termination was due to
retirement or disability for which the employee received benefits under the
Company's corresponding benefit plan.
12
Source of
Pool
Six percent (6%) of Brismet's
operating earnings before income taxes as reflected in the corporate accounting
records and financial statements will form a pool to be distributed to eligible
employees. Such earnings are to be the sole source of contributions
to the pool. Revenues and expenses will be allocated to Brismet using
accounting methods which the Company believes, at its sole discretion, most
accurately reflect Brismet's profits.
Allocation of Pool to
Employees
The pool will be divided so that
every eligible employee gets the same percent of his or her straight-time pay
(excluding all overtime) that all other eligible employees
receive. Only wages earned after 90 days of full-time employment will
be included for purposes of calculating the distribution made to an
employee.
When Distribution Will Be
Paid
Profits for each fiscal year and any
related distribution will not be finally determined until completion of the
annual audit by the Company's outside certified public
accountants. However, in order to give employees the opportunity to
receive their distributions sooner, any distributions will be made according to
the following schedule:
1. Approximately 45 days
after the end of the Company's fiscal first, second and third quarters for each
fiscal year, the Company will pay 75% of any estimated distributions for each
quarter based on Brismet's cumulative earnings.
2. Approximately 75 days
after the Company's fiscal year-end, but in no event sooner than the completion
of the Company's audit, distributions will be made for the year less any
previous quarterly payments. Should the actual distributions for the
year be less than the previous payments, employees will not be asked to return
the overpayment.
Qualifying as a Bona Fide
Profit Sharing Plan
It is agreed that the inclusion of
this plan in the collective bargaining agreement and its implementation is
conditioned upon the plan being qualified as a bona fide "profit sharing plan"
under 29 C.F.R. Part 549.
ARTICLE 9 – Vacations/Paid Time
Off
All eligible employees on the payroll
of the Company on June 1st of a Vacation Year who have been in the Company's
employ for twelve (12) consecutive months or more on June 1st of the Vacation
Year shall be entitled to a vacation with pay in accordance with the
following:
Accumulated
Seniority
|
Days
of Vacation
|
Less
than a year
|
Partial
|
1
year but less than 3 years
|
1
week (40 hours)
|
3
years but less than 10 years
|
2
weeks (80 hours)
|
10
years but less than 20 years
|
3
weeks (120 hours)
|
20
years or more
|
4
weeks (160 hours)
|
13
Employees
continuously on the payroll on June 1with less than 1 year of seniority and who
have satisfactorily completed the 90 day probationary period shall receiver
partial vacation pay equal to one-twelfth (1/12) of forty hours pay at his
regular rate for each full month of uninterrupted service prior to the initial
June 1 eligibility date or receive the equivalent vacation time
off. This partial vacation will be paid on the first pay day after
the initial eligibility date.
Employees who have not completed the
90-day probationary period prior to the initial June 1 eligibility date must
satisfactorily complete the probationary period prior to receiving any partial
vacation pay. Upon successful completion of the probationary period,
such employees shall receive partial vacation pay equal to one-twelfth (1/12) of
forty hours pay at his regular rate for each full month of uninterrupted service
prior to the initial eligibility date. This partial vacation pay will
be paid on the first day after the employee has satisfactorily completed the
probationary period. Each of the forgoing elections is conditioned
upon the employee being otherwise eligible for the vacation benefits described
herein. Thereafter, the normal eligibility rules will
apply.
Where an employee otherwise would be
eligible for an additional week (40 hours) of vacation benefit under the above
schedule for the June 1 eligibility date, such employee shall receive vacation
with pay for the amount of vacation benefit for which he is eligible plus
partial vacation pay equal to one-twelfth (1/12th) of forty (40) hours pay at
his regular hourly rate for each full month of uninterrupted service between the
employee's anniversary date of hire and June 1 of the current year or receive
the equivalent vacation benefit time off.
14
The above vacation table was changed
during December 9, 2004 contract negotiations. The change to the
vacation benefit is not retroactive and shall be implemented beginning June 1,
2005.
All vacations will be allowed and
must be taken during the twelve (12) months or vacation year after an employee
becomes eligible. EXAMPLE: An employee who is eligible for
one (1) week on June 1, 2010, will be given and must take his week's vacation
prior to June 1, 2011.
Vacations are not
cumulative. Vacation period may be designated by the Company to meet
the operating needs of the Plant and may be designated during a one or two week
period in which the plant may be closed for vacation. Notice to this
effect shall be posted each year during the last seven days of
March. Provided, the Company agrees not to close the plant for
vacation period during a week in which July 4 is observed as a holiday under the
terms of this Agreement.
In the event a decision is made not
to close down the plant for vacation, employees will be granted vacations on the
basis of seniority as far as possible, subject to the efficient operating
requirements of the plant. Employees with more than two weeks
vacation will have priority over junior employees for two week's vacation
period.
All requests for choice of vacation
period shall be made by employees, in writing, and to which they shall be bound,
between the 15th and 20th day of April, and the Company, after consultation with
the Union, will announce by May 1, whether the request will be honored or
not. Employees will be reminded of this requirement during the last
seven days of March.
An employee may elect to waive his
vacation time off and receive vacation pay in lieu thereof, by requesting such
between the 15th and 20th day of April. Under such circumstances,
vacation pay will be paid at the end of the first full week in
June.
Upon retirement, a retiring employee
shall be entitled to receive a pro-rated portion of his or her vacation
allotment for the coming year, based upon the observed vacation year (June 1 to
May 31). The amount of such payment shall be computed by determining
the amount of vacation time that the employee would have received had he
remained on the payroll until June 1 and pro-rating such amount based upon the
number of months of active employment on the employee’s part between June 1 in
one calendar year and May 31 of the next calendar year. Such amount
shall be paid after the next vacation year commences on June
1. EXAMPLE: Employee A retires December 1,
2009. Had he remained on the payroll until June 1, 2010, he would
have received four weeks of vacation which he could have taken between June 1,
2010 and May 31, 2011. Upon retirement on June 1, 2010, he would
receive payment for two weeks of vacation computed as follows: 6
months of active employment (June 1, 2009 – December 1, 2009) divided by 12
potential months of employment (June 1, 2009 – May 31, 2010) = ½; ½ x 4 weeks
vacation = 2 weeks vacation.
15
ELIGIBILITY
An employee must have been employed
twelve (12) consecutive months and worked a minimum of 1,400 hours during those
twelve (12) months prior to June 1st in order to be eligible for a vacation 1
week (40 hours).
An employee must have been employed
thirty-six (36) consecutive months and worked a minimum of 1,400 hours during
the twelve (12) month period prior to June 1st in order to be eligible for a
vacation of two (2) weeks (40 hours/week). This may consist of two
separate periods one (1) week (40 hours) as designated by the
Company.
An employee must have been employed
one hundred twenty (120) consecutive months and worked a minimum of 1,400 hours
during the twelve (12) month period prior to June 1st in order to be eligible
for a vacation of three (3) weeks (40 hours/week). This may consist
of three separate periods one (1) week (40 hours) as designated by the
Company.
An employee must have been employed
two hundred forty (240) consecutive months and worked a minimum of 1,400 hours
during the twelve (12) month period prior to June 1st in order to be eligible
for a vacation of four (4) weeks (40 hours/week). This may consist of
four separate periods one (1) week (40 hours) as designated by the
Company.
For the purpose of determining
whether 1,400 or more hours have been worked, time lost due to an injury arising
out of Company employment, jury duty or due to absence from work while on
vacation under the agreement, shall be added to the actual hours the employee
worked, at the rate of eight (8) , ten (10) or twelve (12) hours per day but not
less than forty (40) or more than forty-eight (48) hours per week (if his job
has operated at 48 hours per week during his absence.)
16
An employee who is
laid off, quits or is discharged, and who meets the eligibility requirements for
vacation and has not had a vacation after becoming eligible therefore shall
receive his vacation pay at the time of such layoff, quit or
discharge.
Time lost by an employee for a period
of at least an entire payroll week, due to a bona fide sickness supported by a
physician's certificate or other unusual hardship, acceptable to the Company,
may be applied to any vacation time to which such employee is entitled if the
employee so requests.
Employees will receive pay for
holidays as defined in this agreement occurring during vacation period, unless
an election has been made under the paragraph following
immediately.
Holidays, legal or otherwise, which
may occur during the time an employee is on vacation shall not extend the
employee's vacation period. Provided, however, that any employee who
elects not
to receive time off for a holiday, as defined in this Agreement, which occurs
during his vacation period, may at the time of this election prior to his/her
vacation designate another day, more than thirty (30) days after his vacation
period, and be entitled to time off on that day, having already received holiday
pay. Provided, further, that no more than five (5) percent of the
employees shall be permitted to elect any one alternate day, and that no premium
shall attach, in any manner, to such holiday.
The vacation pay for a vacation of
one or more weeks shall be forty (40) hours pay per week at the employee's
regular hourly rate.
The vacation pay will be paid on the
regular payday for the period of the employee's vacation. However, an
employee may receive vacation pay (40 hours) before he leaves for vacation time
off provided such request is made in writing to the Company at least fourteen
(14) days prior to the date his vacation is scheduled to start.
For the employee who requests that
vacation be applied because of time lost due to bona fide sickness as described
above, the vacation shall be paid on the first regular payday occurring not less
than ten (10) days following the date this employee makes such
request.
In the event of death of an employee
after becoming eligible for a vacation but before taking a vacation, the amount
of vacation pay to which he would have been entitled shall be paid to his proper
legal representative.
17
Employees
can reserve vacation time to be used one day at a time. Employees with a
total of four (4) weeks of vacation time can reserve two (2) weeks (80 hours) of
vacation and employees with less than four (4) weeks of vacation time can
reserve one (1) week (40 hours) of vacation. These days of vacation have
to be taken in whole days depending on the employee’s regular work schedule. For
example: If an employee’s regular work schedule is for an eight (8) hour work
day, than his day at a time vacation will be eight (8) hours. If and employee’s
regular work schedule is for ten (10) hour work day, than his day at a time
vacation will be ten (10) hours. Days at a time vacation are not subject to
being paid prior to the employee taking the vacation time off. Employees
requesting a day at a time vacation have to schedule the vacation day prior to
the day requested. Two weeks’ notice is preferred.
Employees
who have completed the 90 day probationary period can request two (2) days off
for personal use and these days have to be taken during the 12 month period
starting June 1 and ending May 31. These days can be taken as a ½ day or a whole
day. The employee will receive time off depending on his regular work day
schedule. For example: If the employee’s regular work day is (8) hours the
employee will receive eights (8) hours pay. If the employee’s regular work day
is ten (10) hours the employee will receive ten (10) hours pay. Personal
Days do not count as hours worked, therefore personal days do not count toward
the 40 hours required before overtime starts to accumulate.
ARTICLE 10 -
Hours of Work
1. Eight (8), ten (10), or
twelve (12) consecutive hours (exclusive of lunch period) shall constitute a
standard day's work and forty (40) hours shall constitute a standard week's
work. The Company shall determine the starting and quitting time and
the number of hours to be worked. However, before the starting time
is changed from 7:00 a.m., the Company will confer with the
Union. Eight (8), ten (10), twelve
(12) consecutive
hours plus lunch periods, within any period of twenty-four (24) hours, shall
constitute a shift.
2. All time worked over
forty (40) hours in any one week, shall be paid for at the rate of time and
one-half.
18
3. The opportunity for
overtime work assignments shall be based on seniority among qualified employees
in the classification in which overtime work is being performed.
An employee absent from work for any
reason on the day that daily overtime is assigned will be deemed to have had an
opportunity to perform overtime work.
Equalization of overtime work shall
be based on a calendar month-to-month cycle. Any employee believing
he has been unreasonably denied an equal opportunity for overtime work during
any calendar month may raise the question under Article 16. The "date
of origin" under Paragraph 1 (a) of that Article shall be the last day of the
calendar month in which the alleged unequal treatment took place.
If it is decided that the employee's
allegation has merit, the employee will be placed in a preferential position to
perform overtime turns sufficient to remedy the unequal treatment.
When notice is given concerning
casual overtime worked two (2) hours before the end of an employee’s shift, on any day the Company
may require employees to perform overtime work to the extent of securing the
number of employees for which overtime work is assigned, based on the inverse
order of seniority among qualified employees plant wide in the classification in
which overtime work is being performed. For weekend overtime the Company will
give a one and one-half (1 ½ ) days notice for 1st
shift employees and give a two (2) days notice for 2nd and
3rd
shift employees. For example: Weekend overtime work for 8 hour shifts
(Monday through Friday) will require a notification by the end of 1st
shift on Thursday for 1st and
2nd
shift and on Wednesday for 3rd
shift. Overtime work for 10 hour shifts (Monday
through Thursday) will require a notification by lunch break of 1st
shift on Wednesday for 1st and
2nd
shifts. If the
Company does not notify the affected employee as required above, the affected
employee will be considered not scheduled to work weekend overtime. Weekend
overtime greater than six hours will include paid lunch.
However, first choice for casual
overtime work shall be given to the employee or employees actually performing
the work on the day on which the overtime is necessary.
Employees refusing under such
circumstances to perform overtime work will be subject to
discharge.
Casual overtime, or daily overtime,
is that work outside regular working hours, which occurs from time to time, and
which is not pre-scheduled.
19
Scheduled overtime is that work which
is pre-scheduled no later than the previous day, generally by department or
larger entities, and becomes a part of the scheduled workday.
4. Employees who have not
been notified at quitting time and are called in for work after completion of
their regular scheduled workday shall receive a minimum of four (4) hours' pay
at his regular hourly rate.
5. When it becomes
necessary, the Company will make every effort to notify the employees of reduced
working schedules by posted or individual notices on or before the close of the
previous day's shift. Should the Company not so notify and an
employee reports for work the next morning, he shall be allowed to work at least
four (4) hours at his regular hourly rate or be paid for four (4) hours if work
is not available which he can do. Employees who were not at work the
preceding day may not claim this benefit. In cases of emergency
beyond the control of the employer, or absence of an employee at time of notice,
it may not be possible to give advance notice of lack of work. In
such cases, there will be no "call-in" pay for employees reporting to
work.
6. Scheduled work week
will be normally.
7. Pay day shall normally
be Friday and pay will be computed from Monday through Sunday inclusive of the
preceding week. Those working on Thursday night shifts will be paid
at the end of the shift. Day shift employees will be paid before
checking out on Fridays.
8. Double time will be
paid for hours worked on Sunday, except for hours worked on Sunday by an
employee whose regular shift begins on Saturday and ends on Sunday or begins on
Sunday and ends on Monday. There will be no duplication of pay under
this provision and any other provision.
REST
PERIODS
Employees shall be granted two (2)
rest periods per day not to exceed ten (10) minutes each, one during the earlier
part of the shift and one during the later part of the shift. The
times at which such rest periods are taken are to be determined by the
employee's xxxxxxx or other designated Management
representatives. The employees working on the continuous tube xxxxx
are required to work during the foregoing rest periods and will receive
additional pay for such periods equal to their regular straight time rate of
pay.
20
1. The following days
shall be recognized as holidays for the purpose of this
Agreement: New Year's Day, Good Friday, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas,
Christmas Day.
When any of these holidays fall on a
Saturday or Sunday, Friday or the following Monday will be recognized as a
holiday.
2. Employees shall be paid
for the holidays provided they meet all of the following eligibility
requirements:
a. If the holiday falls on a day on
which the employee would normally have been scheduled to work had a holiday not
occurred, the Company shall not disqualify such employee by changing such normal
schedules for the purpose of avoiding payment for the holiday.
b. Except during his authorized
vacation period, the employee's working at least eight hours during the week in
which the holiday occurs.
c. An employee who is scheduled and
agrees to work on a holiday and is absent for any reason except sickness, death
in the family, or some similar extraordinary circumstance is not eligible for
holiday pay.
d. The holiday pay shall be at the
employee's regular hourly rate for eight (8) hours.
e. It is the policy of the Company to
avoid working on holidays covered by this contract. No work will be
performed on these holidays unless absolutely necessary to meet customer
delivery requirements. Two and one-half times will be paid for hours
worked on these holidays. It is understood that this two and one-half
times includes the regular holiday pay to which an employee would be entitled
had he not worked and that there will be no duplication of pay under this
provision and any other provision.
21
ARTICLE 12 -
Seniority
1. For purposes of this
Agreement, plant-wide seniority shall prevail for transfers, recalls, layoff,
promotions, demotions, and shift preference as vacancies occur subject to giving
consideration to the qualifications, which shall include experience, ability,
physical fitness, and efficiency required by the job. A seniority
list of all employees shall be supplied by the Company to the Union each three
(3) months, which, if not questioned by the Union within seven (7) calendar days
after receipt, shall be conclusive for the purposes of this
Agreement.
2. An employee shall lose
his seniority under the following conditions:
a.
|
If
he resigns or voluntarily quits;
|
b.
|
If
he is terminated for just cause;
|
c.
|
If
he has less than two (2) years seniority at the time of layoff
and remains in layoff status for more than one (1)
year;
|
d.
|
If
he has two (2) or more years of seniority at the time of the layoff and
remains in layoff status for more than three (3)
years.
|
e.
|
If
he fails to return to work upon the expiration of an approved leave of
absence or his vacation;
|
f.
|
If
he fails to return to work at the appropriate time upon being recalled
from layoff;
|
g.
|
If
he has not been actively employed due to disability twenty-four (24)
consecutive months.
|
3. All
newly hired employees shall be considered to be on probation for a period of
ninety (90) working days. The duration of the probationary period may
be extended by mutual agreement of the Company and the Union. At the
end of the probationary period, the employee’s seniority should be measured from
his or her most recent hire date. Probationary employees may be
discharged without recourse to the Grievance and Arbitration
procedures. During the probationary period, the employee shall not be
eligible to participate in employee benefit programs or the receive pay for any
time not actually worked, suck as vacation or holiday, as may be available to
employees who have completed their probationary period.
22
LAYOFFS
1. When a reduction of
forces is necessary, the Company will post the names of the employees to be laid
off two (2) days, excluding Saturdays, Sundays, or holidays, prior to such
reduction, unless cancellations of orders, changes in customer's requirements,
breakdown, accidents or other emergency makes such notice impossible. A copy of
the posted list of employees to be laid off will be given to the local Union at
the time of posting. Any questions of grievance arising from such
reduction of forces must, if possible, be presented within the two (2) day
period of such notice.
2. During periods of
layoff or cutback the Company will adjust the active work force by transferring
employees, on the basis of seniority, to other classifications where needed, and
for which they are qualified to immediately perform the full requirements of the
job available; provided however that for available jobs in Classification 1 the
employees affected need only have minimum qualifications which are defined as
not requiring direct supervision, and requiring no more than familiarity
instruction. In either case, qualifications will be determined on the
basis of the affected employee having previously bid on the classification and
performed the available job; temporary transfers thereto; previous experience;
individual knowledge, physical abilities; and skills.
Applying the foregoing provisions,
such transfers shall be made within the department in which the layoff or
cutback has occurred. Only in the event such transfers cannot be
effected within the department are such transfers to take place outside the
department, pursuant to the foregoing provisions. In the event an
employee otherwise would transfer to a classification within his department
which is more than three (3) job classifications below his present
classification, such employee may elect to be transferred outside the department
pursuant to the foregoing provisions, Classifications and incumbents of
classifications within a particular department are determined solely by the
Company on the basis of the type of product normally worked upon by the
employees in their respective classification. Departments are to be
pipe manufacturing, custom fabrication, and maintenance.
23
RECALL
When the work force is to be
increased, qualified employees in a classification on layoff will be recalled
before additional hiring is accomplished for that classification.
In recalling employees, the Company
will notify employees to be recalled by telephone, if feasible, of the date on
which they are expected to return to work.
If personal contact is not made by
telephone, the Company will notify employees to be recalled by Certified Mail,
Return Receipt Requested, mailed to the last address given by the employee to
the Company.
It will be the responsibility of the
employee to notify the Company by telephone, if feasible, of his intention to
return to work on the designated date before 4:00 p.m. of the second day
following delivery of the Company's certified letter.
If contact by telephone is not
feasible, the employee shall notify the Company of his intention to return to
work on the designated date by notifying the Company by Certified Mail, Return
Receipt Requested, which shall be mailed prior to the end of the second day
following the delivery of the Company's certified letter.
In the interim period, or in the
event of an emergency, the Company may recall any employee for a period not to
exceed three (3) days, provided efforts for the emergency recalls are made by
seniority.
When recall is complete, it is the
sense of the parties that employees will be returned to the classifications they
held prior to layoff, if sufficient work in their classification is
available.
JOB VACANCIES
AND PROMOTIONS
New jobs, classifications or
vacancies, which are not filled by stand-by employees, other than additional
general helpers and laborers will be posted (two copies) on the Bulletin Board
for a period of three (3) workdays.
Applications for such opportunities
shall be made on both copies (one for the Company, one for the Union) during
this three day period, and may be withdrawn only prior to the time the award is
made. If the job is not a full-time job, it shall be posted in the
same manner and called a stand-by job, and when the job becomes a full-time job,
the employee who successfully bids the stand-by job for that operation shall
automatically become the full-time operator. Standby operators shall
be paid the same and considered on the same basis as full-time operators while
they are performing the duties of the full-time operators. A stand-by
operator shall be considered a full-time operator when the job becomes a
full-time job or when he works over fifty percent (50%) of his time on the job
for any six (6) month period.
24
An employee will be given a
reasonable trial period on a new job or in a new classification. If
retained therein at the end of thirty days (sixty days for welding operators),
it will be presumed the employee is qualified. If deemed
unsatisfactory prior thereto, he will be returned to the job he held prior to
the bid. Other employees affected by a move of this type will
likewise be returned to their previous job.
An employee may bid downward to a
lower paying job, when biding on a new job, classification or vacancy, for
health reasons only. In such downward bid, he must be presently fully
qualified to perform the work without additional training. If
successful in such bid, the employee will not be permitted to bid in either
direction on any job a full 12 calendar month period from the time he began work
on the lower paying job.
An employee who has been cutback from
an earlier classification during a cutback or layoff period may elect to remain
in the classification to which he was cut back with
withdrawal. Withdrawals are permitted in only two circumstances -
withdrawal of a bid before an award is made; and the type withdrawal set forth
in this paragraph.
At the beginning of this contract
term, the Company will designate those employees who are presently stand-by
operators, and may from time to time post other stand-by jobs for
bid. When a job has no stand-by operator, or when a stand-by operator
is not available, that is, not at work on the premises at the time, temporary
vacancies may be filled without regard to seniority for a period of three (3)
days in filling a temporary vacancy, and employee working regularly at a job in
a lower classification, but who has previously worked regularly at the
temporarily vacant job, will, if he has seniority over other employees similarly
situated, be given preference over other employees in filling the temporary
vacancy. However, if such vacancy continues beyond three (3) days
because of illness, leave of absence, vacation or other cause of the employee
regularly assigned to the job, then the Shop Committee and Management will meet
in an effort to fill the vacancy either by continuing the employee temporarily
selected or selecting another employee for such additional period of time as may
be agreed upon. If such vacancy cannot be filled from among employees
within the bargaining unit then the Company may employee a new employee to fill
the job. Employees who are transferred from their regular job in
order to fill a temporary vacancy as described above will be paid their regular
rate or the rate of the job to which they are transferred, whichever is
higher.
25
In lieu of actually moving the proper
employee to the temporary vacancy, the Company, in its discretion, may elect to
compensate the employee for the difference in compensation
involved. Compensation will be limited to one employee.
A stand-by operator, or any employee,
who takes the job of an operator, or any other employee, on a temporary
basis--that is, when the operator or other employee is absent because of
illness, leave of absence, vacation, or other such temporary absence--shall
acquire no rights to such job over the operator or other employee, regardless of
seniority.
In the event it is determined that no
present employee with seniority is qualified to fill the position in question,
then the Company may hire a new employee to fill the position.
Employees
absent from work shall be notified by the Shop Committee when a job is posted
for bid.
The Company agrees to furnish the
Shop Committee the names of employees on the active payroll who are absent from
work on the day a job is initially posted for bid.
ARTICLE 13 -
Absenteeism
1. To maintain efficient
production schedules, the parties insist on regular, punctual attendance of all
employees.
2. Chronic absenteeism or
chronic tardiness will be cause for discharge or other disciplinary
action.
3. An employee who has
previous knowledge of an expected absence from work shall notify the Company in
advance of such absence.
In emergency situations, or where
unexpected events cause an absence from work, an employee must notify the
Company as soon as possible on the day of such absence and provide the reason
therefore.
Employees who fail to provide notice,
as provided above, for three successive workdays shall be considered as
voluntary quits.
26
ARTICLE 14 - Safety and
Health
1. Both parties to this
Agreement will strive to improve the safety conditions for the protection of
employees and to agree to police this provision so as to insure against
unnecessary injury to the employee and costly interruption to
operation. Neither party will uphold needless or careless acts
calculated to injure an employee or his fellow workers.
2. The Company will
furnish without cost to the employees all protective equipment deemed necessary
by the Company. All such items shall be checked out to the employee
who shall be responsible for its safekeeping and care. Failure of
this responsibility by the employee shall result in the cost of the item being
deducted from his next check. The Company will pay a differential of
$50.00 per pair for Safety Shoes, purchased and worn regularly by employees
while on duty. Employees who regularly work in the pickling operation
will be eligible to receive this payment twice per year. Should
employees be required by law to wear hard hats and ear plugs, they will be
furnished by the Company. The Company will supply cold weather clothing to
employees assigned to jobs that requires them to be outdoors on a daily
basis.
3. The Union shall
designate at least two (2) safety committeemen in the Plant. These
committeemen shall be part of the Plant's safety committee which shall meet
monthly with the company's representative in an effort to improve safety
conditions and practices in the Plant.
4. An employee shall not
be required to work on a job which will be dangerous to life or
limb.
5. The Company agrees to
equip a satisfactory First Aid Station.
6. Should an employee
suffer a job-related, compensable injury, he shall be paid for the balance of
the day on which the injury occurred.
ARTICLE 15- Shop
Committee
1. The Union Shop
Committee shall consist of not more than four (4) members, one of whom shall be
designated as Chairman. There may be one additional committeeman for
the night shift.
27
2. The Union Shop
Committee shall be recognized as the Plant Grievance Committee and all disputes
resulting from the application and/or interpretation of this agreement shall be
handled by said Committee with the assistance of the Union International
Representative in cases where such assistance is deemed necessary by the
Committee.
3. The Union shall notify
the Company in writing of the names of the Shop Committee, and the Company shall
furnish in writing to the Union the names of its Supervisors.
ARTICLE 16 - Grievance
Procedure
1. All grievance and/or
disputes arising out of the application or interpretation of the provisions of
the Agreement shall be handled in accordance with the following
procedure. Employees may be discharged during their probationary
period without recourse to the grievance and arbitration
procedures.
a. The aggrieved employee shall
register his grievance within two (2) workdays from the date of origin of his
alleged grievance with his immediate xxxxxxx, or he may request his xxxxxxx to
call the grievance committeeman in his area and the committeeman shall be called
as soon as possible, but not later than the end of the shift in which the
request is made.
b. Failing satisfactory adjustment
within two (2) workdays after being presented to the immediate xxxxxxx, the
grievance shall be reduced to writing by the Shop Committee and appealed to the
Superintendent within two (2) workdays thereafter and the Superintendent shall
forthwith offer to meet with the Shop Committee within two (2) workdays for the
purpose of adjusting said grievance. The Superintendent shall within
two (2) workdays after such meeting has been held give a written acceptance to
the grievance.
c. Failing satisfactory adjustment in
Step b., the President of the Company or his designated representative shall be
notified in writing within five (5) days after the written answer provided for
in Step b. has been received. The President of the Company or his
designated representative shall meet with the Shop Committee and the
International Representative on the 2nd and/or 4th Monday of each month to
discuss grievances for which a formal appeal has been made. These
meetings may be held on other dates which may be more convenient to the parties
by mutual agreement. The President of the Company or his designated
Representative shall, within five (5) days after such meeting has been held,
give written answer to the Shop Committee with a copy to the International
Representative.
28
d. Should a grievance fail to be
settled as provided above, either party may submit the matter to arbitration by
giving written notice of its desire to do so to the other party. The
Arbitrator shall be selected in the following manner: The Company and
the Union shall jointly request the Federal Medication and Conciliation Service
to name seven (7) available Arbitrators. Chosen by a toss of a coin,
the winner shall strike the name of one Arbitrator, and alternately each party
shall strike another, the remaining last name to be the person to serve as the
Arbitrator.
e. The Arbitrator shall promptly
inquire into all matters affecting the complaint and shall within thirty (30)
days of his appointment render his decision in writing, and said decision shall
be final and binding upon the parties to this Agreement. One half of
the expense of the Arbitrator shall be paid by each party.
f. Arbitrated matters shall be
confined to the meaning and application of the provisions of this
Agreement.
2. The Union International
Representative may be requested to, and shall have the right to; assist in the
adjustment of any and all grievances after Step b. of the grievance procedure
has been invoked.
3. The Union International
Representative shall have access to the Company's property during working hours
for the purpose of ascertaining if the provisions of the Agreement are being
complied with. The Union International Representative shall obtain from the
Company, specific authorization for each visit and such visits shall be subject
to such regulations as may be made from time to time by the
Company.
4. The Company will not
impose regulations which will exclude the Union International Representative
from its property, nor render ineffective the intent of the foregoing
paragraph.
5. Grievances not reduced
to writing by the Shop Committee and not appealed to the superintendent within
six (6) workdays from the date of origin of the alleged grievance shall not be
considered under this grievance procedure.
29
When a negative answer is given to a
grievance at any step, or when no answer is given to a grievance at any step,
the appeal to the next step must be accomplished within the time limits set
forth. Otherwise, the appeal shall be deemed to have been
waived.
The aggrieved employee may be present
at all steps of the grievance procedure. In group grievances, the
group may be represented by not more than two employees.
ARTICLE 17 - Leave of
Absence
1. Upon written request of
the Union, a leave of absence without pay will be granted any employee to serve
as a full-time representative of the Union. Leave of absence shall be
for a period of one (1) year, subject to annual renewal by mutual
agreement. In no event will the number of employees so serving exceed
one. Employees serving as full-time representatives of the Union
shall maintain and accumulate seniority. The Company will not arbitrarily
withhold leaves of absence without pay to not more than five (5) employees to
attend Union, State or National Conventions and Conferences.
ARTICLE 18
- Supervisory Employees
Supervisory employees shall not
perform work on any hourly rated job classification if the result would be to
displace an employee in the bargaining unit, but this will not prevent such
work: (1) in emergency; (2) when regular employees are not available,
including such times as when employees are being called in; (3) in the
instruction or training of employees; (4) in testing materials and production;
and (5) in the performance of necessary work when production difficulties are
encountered.
Lead persons shall be appointed by,
and serve at, the discretion of management. Lead persons have
supervisory authority only when their supervisor is absent from the plant or
away from the work area, including his office, for an extended period of time.
An employee has the right to refuse a Leadman position.
ARTICLE 19 -
General
1. The Company will
provide a Union Bulletin Board in a suitable location in the Plant and will post
thereon notices of Union Meetings and Union activities as may be submitted by
the Union for such posting.
30
2. The parties hereto
agree that there shall be no Union activities on Company time, except that which
is specifically provided for in this Agreement.
3. The Company agrees that
it will furnish all present and new employees with a copy of the current
contract between the Company and the Union. And the Union will be included in
the new hire orientation. They will also be furnished with copies of
the Insurance Program. The Company and the Union will jointly pay the
cost of printing these booklets which shall have the Union Label.
4. The Company agrees that
all employees will be furnished a copy of the current Shop and Safety Rules for
which they will acknowledge receipt by their signature.
5. The Company agrees to
furnish the Secretary of the Local Union with a list of separations from
employment and new hires on a monthly basis.
6. When circumstances
permit, deductions will be made from payments to employees for Virginia State
Income Tax.
7. No contract or
agreement affecting the employees of this Company to whom this Agreement applies
shall be entered into between the Company and any employee or group of employees
other than their certified representative, that will in any way conflict with or
supersede this Agreement or any extension thereof.
8. When the Company adopts
a plant rule or changes a plant rule, it will post a copy of the rule and
immediately furnish a copy to the secretary of the local Union.
The rule will be presumed to be valid
and in force when posted. If the Union desires to challenge the rule
because it is deemed in conflict with the terms of this Agreement, it must do so
in writing within five (5) calendar days of the time a copy was furnished to the
Union. Otherwise, the rule shall, in fact, be valid.
9. Employees who have been
continuously employed for one year at the time of entering the Armed Forces of
the United States under the Universal Military Training and Service act shall
receive two (2) weeks pay, based on the employee's average earnings for the
preceding six months.
The Company and the Union agree to
follow the provisions of the Universal Military Training and Service Act, as
amended, in connection with the reinstatement of employees of the Company who
have been discharged from the military and naval services of the United
States.
31
10. A Labor-Management
Participation Team Program will be implemented as soon as
practicable.
11. The Union may review
any new test developed in-house by the Company after the effective date of the
Agreement and make suggestions regarding such tests.
12. Written warning
letters are to be removed from an employee's record thirty (30) months after the
issuance of the said letter, provided that the offense involved has not been
repeated within the 30-month period.
13.
The Company agrees that if during the life of this agreement the facility
covered by this agreement is sold, leased, transferred or assigned, the Company
shall inform the purchaser, lessee, transferee or assignee of the exact terms of
this agreement.
ARTICLE 20 - Group
Insurance
Bargaining Unit employees will be
eligible for whatever insurance programs the Company's hourly non-bargaining
unit employees are eligible, subject to applicable provisions of the parties
Supplemental Agreement dated December 9, 2004 (details shall be contained in
booklets to be published and distributed to employees following the execution of
this Agreement.)
If you have medical coverage and want
dental coverage, you must cover the same dependents on dental as
medical. For example, you can’t have family medical and EE only
dental or EE + 1 dental. You can elect medical without dental or
dental without medical. Dental rates are higher for dental only
coverage.
See APPENDIX “B” for how the weekly
medical/dental rates will be calculated.
ARTICLE 21 - Pension
Agreement
Consistent with the provisions of the
preceding Agreement in this reward, and in order to enable compliance with the
law, the Company is authorized to make required changes in the Pension Plan now
in effect to comply with current law.
32
ARTICLE 22 -
Vocational Training
The Company agrees to pay the entire
cost of vocational training for any employee who successfully completes a
related course of study in any bona fide vocational or correspondence school
provided that such employee gives advance notice to the Company of his desire to
take a course of study and both the course of study and the school are approved
by the Company in advance. Any employee taking such a course of study
must furnish to the Company satisfactory evidence of having successfully
completed it in order to receive reimbursement from the Company for the cost of
the course.
ARTICLE 23-
Jury Duty
An employee who is called to serve on
jury duty during a regularly scheduled workday shall be paid by the Company for
such time lost from work thereby, the difference between the amount received by
him for such service and the amount he would have earned at work, it being the
intent of the parties that this sentence provides no more or no less than that
required by the current laws of the State of Tennessee. In the event
such laws are changed, modified, or become invalid during the term of this
Agreement, the parties agree to meet for the purpose of discussing the effect of
such change, modification, or invalidation.
It shall be a condition of the
foregoing that an employee notify the Company at the time he is called to such
duty; that an employee so serving secure from the Clerk of Court and submit to
the Company certification of the days he served, the amount he was paid, and the
time he was released.
Any employee who is released from
jury duty, after having served less than three (3) hours, will be required to
report for the remainder of first shift or at their regularly scheduled starting
time if working 2nd or
3rd
shift. Third shift employees will be excused without pay from work
for the shift immediately preceding any day of jury service unless the employee
elects to work.
ARTICLE 24 –
Bereavement Leave
In the event an employee is absent on
a regularly scheduled work day as a result of a death in the immediate family
i.e. the employee’s wife, husband, parents, or children (including those legally
adopted and stepchildren), grandparents, brothers, sisters, mother-in-law or
father-in-law, he shall be paid one (1) day pay at his regular
straight – time rate for each day lost up to a maximum of three (3) consecutive days, one of
which must be the day of the funeral.
Unpaid leaves to attend the funeral
of relatives not members of the immediate family will be considered on a
case-by-case basis.
ARTICLE 25 -
Termination
All provisions of this Agreement
shall remain in full force and effect through January 31, 2015, and at midnight
on said date this contract shall expire.
IN WITNESS WHEREOF, the
Company and the Union affix their signatures to this Agreement on the ___ day
of__________________, ___________.
33
BRISTOL METALS, LLC | UNITED STEELWORKERS |
FOR THE COMPANY: | FOR THE UNION |
___________________ | __________________ |
Xxxx Xxxxxxxxxx | Xxx Xxxxxx |
President | International President |
___________________ | __________________ |
Xxxx Xxxxxx | Xxxx Xxxxxxx |
Executive Vice President | International Secretary/Treasurer |
___________________ | __________________ |
Xxxxxx XXxxx | Xxxxxx Xxxxxx |
Manufactring Sperintendent | International Vice President - Admin. |
___________________ | ___________________ |
Xxxx Xxxxxx | Xxxx Xxxxxxx |
Bristol Metals, LLC, Controller | International Vice President - Human Affairs |
___________________ | ___________________ |
Xxx Xxxxx | Xxxxxx Xxxxxx |
Human Resource Manager | Director - District 9 |
LOCAL UNION | ____________________ |
___________________ | C. G. "BOOMER" XXXXXX |
Xxxx Xxxxxxxx, President | U.S.W. Staff Representative |
___________________ | |
Xxxxx Xxxxxx | |
___________________ | |
Xxxxxx Xxxxxxx | |
___________________ | |
Xxxx Xxxxx | |
___________________ | |
Xxxxx Xxxxx | |
___________________ | |
Xxxxxx Xxxxx |
34
APPENDIX
"A"
Classification
|
Column
1
2010
|
Column
2
2011
|
Column
3
2012
|
Column
4
2013
|
Column
5
2014
|
1
|
11.21
|
11.54
|
11.89
|
12.19
|
12.49
|
2
|
12.52
|
12.90
|
13.29
|
13.62
|
13.96
|
2+
|
13.04
|
13.44
|
13.84
|
14.19
|
14.54
|
3
|
14.23
|
14.66
|
15.10
|
15.48
|
15.87
|
4
|
15.50
|
15.97
|
16.45
|
16.86
|
17.28
|
4+
|
16.15
|
16.64
|
17.14
|
17.56
|
18.00
|
5
|
16.19
|
16.68
|
17.18
|
17.61
|
18.05
|
6
|
16.32
|
16.80
|
17.31
|
17.74
|
18.19
|
7
|
16.73
|
17.23
|
17.75
|
18.19
|
18.64
|
APPENDIX
“B”
Changes
in Synalloy Corporation’s Health Benefits
Effective
February 1, 2010
Starting
in 2010 whereby the employee contributions will be based on the total cost of
our group medical per employee. Each of the four tiers of employee contributions
will be based on a percentage of the total cost per employee of the health plan.
This cost-sharing concept will be a partnership between employees and the
company to continue to provide excellent healthcare coverage and to work
together to control healthcare costs.
The cost
per employee per year (PEPY) in 2009 was $10,544. This cost represented a record
high for our Company and it came as a result of many extraordinary events during
2009. Going forward, the plan will call for employees to pay a percentage of the
PEPY cost as follows: Employee only - 10%; Employee + Child(ren) – 15%; Employee
+ Spouse – 20% and Employee + Full Family – 25%. Our company will
transition into this by doing a step-up model that increases the percentages
over a five-year period to get to the final percentages that are listed
above.
For 2010,
the employee contributions will be as follows:
Employee
Contributions based on Tier % of
|
$
10,544
|
||
2010
|
Annual
|
Monthly
|
Weekly
|
EE
Only 7%
|
$ 738.08
|
$
61.51
|
$14.19
|
EE
+ Child(ren) 12%
|
1,265.28
|
105.44
|
24.33
|
EE
+ Spouse 17%
|
1,792.48
|
149.37
|
34.47
|
EE
+ Family 20%
|
2,108.80
|
175.73
|
40.55
|
35
For years
2011 through 2014, the percentages are listed below. The employee contribution
is based on a percentage of the actual medical costs from the previous year.
That number 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%
|
36