AGREEMENT
between
EL DORADO CHEMICAL COMPANY
and
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
AFL-CIO
LOCAL NO. 224
Effective: August 1, 0000
XX XXXXXX CHEMICAL COMPANY
El Dorado, Arkansas
TABLE OF CONTENTS
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE I APPLICATION OF AGREEMENT. . . . . . . . . . . . 1
ARTICLE II PERIOD OF AGREEMENT . . . . . . . . . . . . . . 1
ARTICLE III MANAGEMENT RIGHTS CLAUSE. . . . . . . . . . . . 1
ARTICLE IV CHECK-OFF OF UNION DUES . . . . . . . . . . . . 2
ARTICLE V SENIORITY . . . . . . . . . . . . . . . . . . . 2
Section 1. Length of Service. . . . . . . . 2
Section 2. Order of Seniority . . . . . . . 2
Section 3. Eligibility for Seniority. . . . 2
Section 4. Filling Vacancies. . . . . . . . 3
Section 5. Qualifications for Job . . . . . 4
Section 6. Seniority List . . . . . . . . . 4
Section 7. Seniority Accrued. . . . . . . . 4
Section 8. Seniority - Outside Assignments. 4
Section 9. Discharges and Reemployment. . . 4
Section 10. Status of Employees Laid Off . . 5
Section 11. Loss of Seniority. . . . . . . . 5
ARTICLE VI HOURS OF WORK AND OVERTIME. . . . . . . . . . . 6
Section 1. Hours of Work. . . . . . . . . . 6
Section 2. Overtime and Call-Out Pay Rates. 7
Section 3. Shift Change Notice. . . . . . . 7
Section 4. Meal Time. . . . . . . . . . . . 8
Section 5. No Reduction of Work Week as Result
of Overtime. . . . . . . . . . . 8
Section 6. Computation of Overtime. . . . . 8
Section 7. Distribution of Overtime and Call-
Out Time . . . . . . . . . . . . 8
Section 8. Call-Out . . . . . . . . . . . . 9
Section 8A. Advance Scheduling of Overtime . 9
Section 8B. Right to Assign Qualified Personnel
. . . . . . . . . . . . . . . . 9
Section 9. Holiday Pay. . . . . . . . . . . 10
Section 10. Reporting for Work and Not Used. 10
ARTICLE VII WAGE RATES AND CLASSIFICATIONS. . . . . . . . . 11
(i)
Section 1. Wages and Pay Period . . . . . . 11
Section 2. Changes in Classification of Work 11
ARTICLE VIII HANDLING OF GRIEVANCES. . . . . . . . . . . . . 11
Section 1. Routine Submission . . . . . . . 11
Section 2. Arbitration. . . . . . . . . . . 12
ARTICLE IX SHOP COMMITTEE AND STEWARDS . . . . . . . . . . 14
Section 1. Shop Committee . . . . . . . . . 14
Section 2. Stewards . . . . . . . . . . . . 14
ARTICLE X LEAVE OF ABSENCE. . . . . . . . . . . . . . . . 14
Article 1. Personal Business. . . . . . . . 14
Article 2. Union Business . . . . . . . . . 14
Article 3. Sickness or Accident . . . . . . 15
Article 4. Notice to the Company. . . . . . 15
Article 5. Military Reserve Training. . . . 15
ARTICLE XI VACATIONS . . . . . . . . . . . . . . . . . . . 16
Section 1. . . . . . . . . . . . . . . . . 16
Section 2. . . . . . . . . . . . . . . . . 16
Section 3. . . . . . . . . . . . . . . . . 16
Section 4. . . . . . . . . . . . . . . . . 17
ARTICLE XII MILITARY LEAVE. . . . . . . . . . . . . . . . . 18
Section 1. Military Selective Service Act . 18
Section 2. Pay in Lieu of Vacation. . . . . 18
ARTICLE XIII PHYSICAL EXAMINATIONS . . . . . . . . . . . . . 18
Section 1. Periodical Examinations. . . . . 18
Section 2. Certificate of Physical Fitness. 18
Section 3. Dispute Resolution . . . . . . . 18
ARTICLE XIV MISCELLANEOUS AND GENERAL . . . . . . . . . . . 19
Section 1. Tool Check-In Time . . . . . . . 19
Section 2. Bulletin Board . . . . . . . . . 19
(ii)
Section 3. Discrimination . . . . . . . . . 19
Section 4. Wage Rate Changes. . . . . . . . 19
Section 5. Safety Provisions. . . . . . . . 19
Section 6. Discharges . . . . . . . . . . . 20
Section 7. Recess Period (Smoking). . . . . 20
Section 8. Jury Duty. . . . . . . . . . . . 20
Section 9. Termination Pay. . . . . . . . . 20
Section 10. Contract Work. . . . . . . . . . 21
Section 11. Technical and Supervisory Employees
. . . . . . . . . . . . . . . . 21
Section 12. Minor Maintenance. . . . . . . . 21
Section 13. Minor Operating Functions. . . . 21
ARTICLE XV VALIDITY OF CONTRACT . . . . . . . . . . . . . 21
ARTICLE XVI NOTICE. . . . . . . . . . . . . . . . . . . . . 22
ARTICLE XVII FUNERAL LEAVE . . . . . . . . . . . . . . . . . 22
ARTICLE XVIII GROUP INSURANCE . . . . . . . . . . . . . . . . 23
Section 1. Group Insurance and Retirement . 23
ARTICLE XIX NO STRIKE OR LOCKOUT. . . . . . . . . . . . . . 24
ARTICLE XX SERVICE WITH COMPANY. . . . . . . . . . . . . . 24
ARTICLE XXI RETIREMENT AGE. . . . . . . . . . . . . . . . . 24
SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . . . . . 24
EXHIBIT "A" BASIC HOURLY WAGE RATE. . . . . . . . . . . . . 26
EXHIBIT "B" CLOTHING ALLOWANCE. . . . . . . . . . . . . . . 26
EXHIBIT "C" PART 1
RECOGNIZED MAINTENANCE WORK GROUPS. . . . . . . 27
EXHIBIT "D" EMPLOYEE DUES AUTHORIZATION LETTER. . . . . . . 28
AMERICANS WITH DISABILITIES ACT LETTER OF UNDERSTANDING. . . . 29
SHIFT DIFFERENTIAL LETTER OF UNDERSTANDING . . . . . . . . . . 30
(iii)
PREAMBLE
This Agreement is made and entered into by and between EL
DORADO CHEMICAL COMPANY (hereinafter referred to as the "Company"),
and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO, LOCAL NO. 224 (hereinafter referred to as the
"Union"), which the Company recognizes as the sole bargaining
agency for the Maintenance employees of the Company at its chemical
plant located north of El Dorado, Arkansas, who are eligible for
membership in the Union in accordance with the Labor Management
Relations Act of 1947.
ARTICLE I
APPLICATION OF AGREEMENT
The Company hereby recognizes the Union as the exclusive
bargaining agency for the employees of the Company at said plant
who work in the capacities hereinafter stated in this Article I.
(a) All Maintenance employees, as described in Exhibit "A",
engaged in the installation, maintenance and repair of machinery
and equipment, but excluding all production, chemical and operating
employees, shipping attendants, office and clerical employees,
managers, supervisors and guards.
ARTICLE II
PERIOD OF AGREEMENT
This Agreement shall remain in full force and effect for a 3-
year contract term
commencing August 1, 1998, at 12:01 a.m., and ending 12:00
Midnight, August 3, 2001. At reasonable times after June 1, 2001,
the parties will meet to attempt to negotiate a new contract to be
effective for a period beginning after 12:01 a.m., August 4, 2001.
ARTICLE III
MANAGEMENT RIGHTS CLAUSE
The Union expressly recognizes that the Company has the
exclusive responsibility for and authority over (whether or not the
same was exercised heretofore) the management, operation and
maintenance of its facilities and, in furtherance thereof, has,
subject to the terms of this Agreement, the right to determine
policy affecting the selection, hiring, and training of employees;
to direct the work force and to schedule work; to institute and
enforce reasonable rules of conduct; to assure discipline and
efficient operations; to determine what work is to be done, what is
to be produced and by what means; to determine the quality and
quantity of workmanship; to determine the size and composition of
the work force; to determine the allocation and assignment of work
to employees; to determine the location of the business, including
the establishment of new locations or departments, divisions, or
subdivisions thereof; to arrange for work to be done by other
(1)
companies or other divisions of the Company; to alter, combine, or
eliminate any job, operation, service, or department; to sell,
merge or discontinue the business or any phase thereof; provided,
however, in the exercise of these prerogatives, none of the
specific provisions of the Agreement shall be abridged. The
Company will not use the vehicle of subcontracting for the sole
purpose of laying off employees or reducing the number of hours
available to them.
ARTICLE IV
CHECK-OFF OF UNION DUES
Upon receipt of a signed authorization by an employee
requesting deductions from his wages for his monthly union dues,
the Company agrees to honor such authorization according to its
terms during the life of this Agreement. The form of such
individual authorization shall be as set forth in Exhibit "D"
hereto.
The Financial Secretary of Local 224, IAM-AW, shall, from time
to time, notify the Company in writing of the amount of the monthly
deduction to be made, from time to time, under this authorization.
All money so deducted by the Company shall be paid to the Union on
or before the end of the month during which deductions are made.
Upon receipt of written request by an employee, the Company shall,
after thirty (30) days' notice, discontinue dues deduction.
ARTICLE V
SENIORITY
Section 1. Length of Service.
Length of service in the bargaining unit and with the El
Dorado Plant shall, in that order, govern the promotion, demotion,
and transfer of employees.
Section 2. Order of Seniority.
An employee's seniority shall be determined as follows:
Order of Importance Seniority
___________________ __________
1st Bargaining Unit
2nd Plant
Section 3. Eligibility for Seniority.
An employee shall be first entitled to seniority in the
bargaining unit when he has been continuously employed in that unit
for 180 days; his seniority dating from the date of the beginning
of such employment.
(2)
However, an employee who has been employed in the bargaining
unit, who has been laid off prior to his having been employed
therein for 180 days continuously, and who is reemployed in the
bargaining unit within 180 days from the date upon which he is laid
off, shall, upon such reemployment, be entitled to have the number
of days which he has worked in the bargaining unit, during the
period of his most recent previous employment herein, included in
any subsequent computation of his seniority in the bargaining unit
and shall be entitled to seniority when he has accrued 180 days on
that basis.
The Company shall have the right to layoff or discharge,
without cause, any employee who has not worked in the bargaining
unit a sufficient length of time to gain seniority, and such action
on the part of the Company shall not be the subject of a grievance
on the part of the Union under any provision of this Agreement.
Section 4. Filling Vacancies.
(a) Temporary and permanent vacancies will be filled only
when the Company sees a need to fill the vacancy. In the event the
Company sees a need to fill a vacancy, it will be filled by the
employee having the most bargaining unit seniority, who desires the
job, and who possesses a skill of the group in which the vacancy
occurs. Any person so promoted must accept the duties and
responsibilities of the job.
(b) When there is a permanent vacancy in a group and the
Company sees a need to fill that vacancy, the Company shall post
promptly, and keep posted for fifteen (15) days, notice on its
bulletin board of the job vacancy. It shall be the duty of an
employee who feels himself entitled to such job on account of his
seniority to file his sealed bid for such job with the Plant
Manager or his representative, and send a copy thereof to the
Chairman of the Shop Committee within said 15-day period. In order
to be considered valid, a bid must be signed, dated, and deposited
in a locked box marked "I.A. of M. and A.W. Bids" located at the
plant entrance gate.
Immediately upon expiration of the posting period of fifteen
(15) days, the names of all bidders will be posted on the bulletin
board, and the bidder having the most seniority and who desires the
job shall be assigned to the group and receive the "C" Mechanic
rate of pay if he possesses the necessary skill. In the event no
qualified bidder possessing the necessary skill bids on the
vacancy, the Company may hire a qualified employee from the
outside.
If he does not possess the skill, he will be reduced to the
rate that compares to his previous experience beginning not later
than the beginning of the work week following the week in which the
successful bidder is determined, provided the successful bidder is
available to report for work on that day.
If the group vacancy is not filled by the procedure set forth
above and the Company sees the need to fill the vacancy, a first-
year "E" Mechanic job will be posted for filling outside the
bargaining unit.
(3)
Notwithstanding any other provisions of this subsection (b),
it is agreed that the Company shall have the right at any time
during said 15-day posting period to withdraw the posting of a new
job in the event the Company decides that such job need not be
filled.
(c) Should an employee within a group who is entitled to a
promotion desire to waive his opportunity for that promotion, he
shall do so by signing a waiver.
(d) In the event that it becomes necessary to establish a
permanent rotating shift the Company will notify the Shop Committee
to discuss the procedure and shift to be implemented at least
thirty (30) calendar days before establishing such shift.
Section 5. Qualifications for Job.
(a) It is not the intention of the parties to this Agreement
that any employee shall be permitted to work on a job when he is
not qualified to perform the work which that job requires.
However, if, in the opinion of the Company, an employee is not
qualified for a particular job to which he would otherwise be
entitled by virtue of his seniority, and the Company determines
that an employee's application for the job shall be denied on the
basis of his lack of qualifications, the Company shall notify the
Chairman of the Shop Committee and the employee involved of their
decision, at least five (5) days prior to the date upon which any
other employee is permanently assigned to the job.
Section 6. Seniority List.
Seniority lists will be compiled on April 1 and October 1 and
will be available to all employees. One copy of each seniority
list will be furnished to the Shop Committee.
Section 7. Seniority Accrued.
Each employee shall retain the seniority accrued to him based
upon actual service at the El Dorado Plant.
Section 8. Seniority - Outside Assignments.
Any employee, after having established seniority under the
provisions of this Agreement, who is temporarily assigned to
another job by the Company (outside the bargaining unit) shall
continue, for not more than ninety (90) days per calendar year, on
a cumulative basis, to accrue seniority on his regular classifica
tion during such period of temporary assignment. If such employee
works more than ninety (90) days per calendar year on a cumulative
basis, he shall forfeit one (1) day of bargaining unit seniority
for each day in excess of ninety (90) days worked outside of the
bargaining unit during that calendar year.
(4)
Section 9. Discharges and Reemployment.
When there is a reduction in the number of employees in the
bargaining unit, the employee last employed in the bargaining unit
shall be the first employee laid off. The employee laid off
through no fault of his own, who has the greatest bargaining unit
seniority, shall (subject to the following provisions of this
Article) be the person first reemployed in the event additional
employees are employed, provided that the person is qualified to
perform the duties of the job to which he would be assigned on
reemployment.
A person who has worked in the bargaining unit sufficiently
long to be entitled to seniority in that unit, and who is laid off
through no fault of his own, who has kept his current address on
file with the Company, and who continues to be entitled to
seniority under the terms of this Agreement shall (subject to the
following provisions of this Article) be given first consideration
for reemployment.
If reemployment is available for any such person, the Company
shall so notify him by letter (with a copy of such letter to the
Chairman of the Shop Committee), addressed to him at his address
then on file with the Company, and he shall be allowed fifteen (15)
days from the date upon which said letter was mailed, or until he
no longer retains his accrued seniority as provided in Section 10
of this Article V (whichever is the shorter period), in which to
notify the Company in writing of his desire to return to work. In
the event he delivers such notice, he shall be allowed seven (7)
days from the date of the delivery thereof to report for work;
provided, however, if the employee involved is, on the date which
he would otherwise be required to report for work totally disabled
to work, he shall, on or before that date, deliver to the Company
a statement in writing from a licensed physician stating that he is
so disabled, in which event the period within which he shall be
permitted to return to work shall be extended ninety (90) days.
Section 10. Status of Employees Laid Off.
The accrued seniority of an employee who has been laid off
through no fault of his own shall continue to exist from the date
of his layoff for the following periods:
Years of Service Period Seniority to Exist
________________ __________________________
0-180 days -0-
181 days to 2 years Length of previously accrued
seniority
2 years or more 2 years
Section 11. Loss of Seniority.
Seniority shall be lost and employment terminated for any of
the following reasons:
(a) Quitting.
(5)
(b) Absence from work for three (3) consecutive days without
having notified the Company, unless physically impossible
to do so.
(c) Discharge for just cause.
(d) Failure to return at the expiration of a leave of absence
or vacation.
(e) If an employee misrepresents the reason for requesting a
leave of absence.
(f) If an employee fails to file for reinstatement within
ninety (90) days following discharge from the U.S.
Military Service.
(g) Failure to return to work from layoff within the time
specified in Section 9 of this Article.
(h) At the end of the period specified in Section 10 of this
Article, or upon earlier rejection after layoff of an
offer of reemployment in a classification equal to the
classification from which laid off.
ARTICLE VI
HOURS OF WORK AND OVERTIME
Section 1. Hours of Work.
(a) Regular base hours of work shall be eight (8) hours per
day and forty (40) hours per week.
(b) The work week shall begin at 12:01 a.m. each Monday and
end at 12:00 midnight the following Sunday. The work day shall
begin at 12:01 a.m. and end at 12:00 midnight.
(c) The work week shall normally be five (5) consecutive 8-
hour days, Monday through Friday, and will normally begin work at
7:00 a.m. and end at 3:30 p.m. with a 30-minute lunch period from
12:00 noon to 12:30 p.m.
(d) No employee shall be required to work more than twelve
(12) hours during any normal work day except in case of an
emergency.
(e) All employees shall be expected to report to work
promptly at the scheduled time. No employee shall be permitted to
work if such employee reports for work more than one and one-half
(1-1/2) hours after his regular scheduled reporting time, unless
such delay has been previously excused by the Company.
(6)
(f) No employee shall be allowed to work more than sixteen
(16) continuous hours nor more than sixteen (16) hours in any one
day except in the case of an emergency. However, an employee will
be allowed to complete his regularly scheduled hours of work as
provided in Sections 5, 8 and 10 of this Article VI.
(g) Maintenance overhauls may be staffed on 8-hour, 10-hour,
or 12-hour shifts as may be necessitated by the needs of the
operation.
The Company will specify and select the number and classifica-
tions of personnel on each shift by work group classification for
each particular overhaul on a shift basis. Preference to shifts
will be governed by the employee's bargaining unit seniority.
Shift change notice will be handled as outlined in Article VI,
Section 3. In the event there are insufficient qualified personnel
on each shift, the Company shall have the right to assign qualified
personnel as needed.
Section 2. Overtime and Call-Out Pay Rates.
(a) Overtime and call-out rates shall be one and one-half
(1-1/2) times the regular rate and shall be paid for all work
performed in excess of forty (40) hours per week, continuous actual
work in excess of eight (8) hours, and for all work performed as a
result of call-out and for hours worked outside an employee's
regularly scheduled hours.
(b) Any employee who works over, beyond his regular scheduled
work day, shall be paid a minimum of three (3) hours at straight
time. If the employee is required to stay over beyond his regular
scheduled work day to attend meetings or to receive training, and
no production work is involved, he will receive pay for actual time
spent at one and one-half (1-1/2) times his regular rate of pay,
providing he has received a minimum of twenty-four (24) hours'
notice in advance.
(c) No employee shall work overtime without the approval of
his Xxxxxxx.
Section 3. Shift Change Notice.
(a) The Company shall pay each employee one and one-half
(1-1/2) times his regular rate of pay for the first shift of a
rearranged work schedule if the employee whose shift is changed
shall not have been notified of the change at least twenty-four
(24) hours prior to the beginning of said first shift. If notice
of employee's shift change shall be posted on his regular day off,
notice of the change shall be posted at least seventy-two (72)
hours prior to the beginning of said first shift. Any notice
required to be given to an employee under the provisions of this
Section 3 may be given by written notice posted on the general
bulletin board of the Company and the bulletin board of the Union,
and each employee named in any notice shall be deemed to have
received the notice at the time copies of said notices are posted
on said boards.
(b) The changing of an employee's shift, incident to the
return of an employee from sickness or accident, shall not be
(7)
considered a change in shift within the meaning of this Section 3,
unless the absent employee has given the Company at least seventy-
two (72) hours' notice of his intention to return to work and the
time at which he will return to work by notifying his supervisor.
(c) The changing of an employee's shift from 7:00-3:30 to
7:00-3:00, or from 7:00-3:00 to 7:00-3:30 will not constitute a
shift change.
(d) A change in shift at the request of an employee shall not
be considered a change in shift for the purpose of this Section 3.
(e) No employee shall lose any time from his normally
scheduled 40-hour week occasioned by any shift change.
Section 4. Meal Time.
(a) If a "Day Man" is instructed to and continues to work
overtime past 6:00 p.m., he shall be allowed a 30-minute period
beginning at 6:00 p.m. for supper on Company time; and if said "Day
Man" then continues to work additional overtime, he shall be
allowed a 30-minute lunch period on Company time; each such period
to begin at the end of four (4) hours of additional continuous
overtime worked after 6:30 p.m.
(b) Any employee called for work outside of his regular
working hours, who is required to work more than four (4) consecu-
tive hours outside his regular hours, shall be allowed a 30-minute
period for a meal on Company time at the end of the fourth
consecutive hour and at the end of each consecutive 4-hour period
thereafter that said employee continues to work outside his regular
hours.
Section 5. No Reduction of Work Week as Result of Overtime.
No employee will be required to take any time off from his
regular work week because of overtime worked in that or any other
week. If an employee is required to work on his day off, he shall
not be forced to take another day off in lieu thereof.
Section 6. Computation of Overtime.
For the purpose of computing overtime under this Article, the
exact time worked, rounded to the nearest quarter hour, shall be
accounted for, which shall be paid for at the overtime rate.
There shall be no duplicate payment for daily overtime and
weekly overtime. If daily overtime is greater in any one work
week, only daily overtime shall be paid, or if weekly overtime is
greater in any one work week, only weekly overtime shall be paid.
There shall be no pyramiding of overtime.
(8)
Section 7. Distribution of Overtime and Call-Out Time.
Overtime work opportunities shall initially be distributed, as
equitably as practicable, within each work group where the overtime
is required in accord with the Company's distribution policy. The
Company may then offer such work to employees in other work groups
who are qualified.
For the purpose of distributing overtime, the Company will
submit a list, biweekly, to the work group xxxxxxx showing the
overtime worked, refused and overtime standing of each employee
covered within the group.
Each employee who is requested to report for overtime duty
shall report at the required time unless he shall first obtain
permission from his supervisor to be relieved of such duty.
Section 8. Call-Out.
An employee who is called out and reports for work outside his
regular working hours shall work until excused by the person then
supervising his work; provided that no one shall be required to
work longer than is provided in Section 1(d) of this Article. An
employee who is called out and reports for work shall be paid a
minimum for four (4) hours at time and one-half (1-1/2), even
though the full four (4) hours may not be worked because no work is
available, or he does not work at all because no work is available.
An employee called for such work, who works continuously until the
beginning of his regular hours of work and continues to work during
the regular hours of his scheduled work, shall not be considered to
have had a change in shift within the meaning of Section 3 of this
Article VI.
A description of the work or jobs to be done, or the problem
necessitating the call-out, is provided as accurately as possible
by the supervisor in order that the person being called may judge:
(a) whether or not he has the ability to do the work, and (b) about
how long he may have to work. It is not intended to have a person
come out on one job, then surprise him with a list of additional
jobs to be done. However, due to emergencies, it cannot be
guaranteed that he will only be required to do what he was called
for.
Notwithstanding the fact that an employee has been called out
for work, such employee shall perform his regular work schedule
during the remainder of the work week in which such call-out occurs
unless excused from such work.
If an employee is called out for work and works until the
beginning of his regular work schedule, the call-out will be
considered as ending at the beginning of his regular schedule.
(9)
Section 8A. Advance Scheduling of Overtime.
Overtime may be scheduled up to three (3) weeks in advance of
the actual time required. In the event the scheduled overtime is
cancelled, eight (8) hours' notice will be given or a call-out will
be paid.
Section 8B. Right to Assign Qualified Personnel.
In the event overtime distribution and call-out procedures do
not provide the Company with sufficient, qualified personnel to
perform the overtime work, the Company shall have the right to
assign such work to qualified personnel. The performance of such
work is mandatory.
Section 9. Holiday Pay.
The following days shall be considered holidays and normally
no work will be performed on the designated holidays except in
cases of emergency, around-the-clock shift work, and in those
crafts where work is necessary for continued operations:
1. New Year's Day
2. Good Friday
3. Memorial Day
4. July Fourth
5. Labor Day
6. Columbus Day
7. Thanksgiving Day
8. Day after Thanksgiving
9. Last work day before Christmas holiday
10. Christmas Day
When any of these holidays fall on Sunday, the following
Monday will be observed as the holiday.
When any of these holidays fall on Saturday, the preceding
Friday will be observed as the holiday.
Each employee who is not required to work and who does not
work on a holiday shall be paid a bonus equivalent to eight (8)
hours at his regular rate at straight time pay, providing he has
worked his last scheduled work day immediately preceding the
holiday and his first scheduled work day following the holiday
unless the failure to work these days is because of confirmed
illness or accident no more than five (5) work days before or after
the holiday, unless the employee was excused in advance by the
Company.
Each employee who works on a holiday will be paid, in addition
to the 8-hour bonus mentioned above, one and one-half (1-1/2) times
his regular rate of pay.
(10)
Section 10. Reporting for Work and Not Used.
Except when no work is available due to Act of God, such as
fire, flood, explosion, or tornado, an employee who reports for
duty on his regular schedule shall be given the opportunity of
working a full 8-hour shift.
ARTICLE VII
WAGE RATES AND CLASSIFICATIONS
Section 1. Wages and Pay Period.
The regular pay periods for employees subject to this
Agreement will cover every two (2) scheduled work weeks, and checks
will be available to the men on their regular shifts on the Friday
following completion of the 2-week period.
Each employee who works during the period beginning 12:01
a.m., August 1, 1998, and ending 12:00 Midnight, August 3, 2001,
shall be paid for his work in that classification on the basis of
the basic hourly wage rate for that classification shown on Exhibit
"A" to this Agreement. Each employee will be paid the applicable
clothing allowances provided on Exhibit "B" to this Agreement.
Section 2. Changes in Classification of Work.
(a) Each employee covered by any classification is expected
to perform any duties to which he may be assigned within his
classification or lower classification.
(b) It is understood and agreed by the parties hereto that
two (2) work groups shall be recognized under this Agreement. A
tabulation of the groups with explanatory notes is made in Exhibit
"C", Part 1, which is a part of this Agreement.
(c) All Maintenance personnel may be assigned to do any jobs
that they have the ability to perform subject to the provisions of
Article V, Section 5, and Article XIV, Section 5, of the current
contract.
(d) The Company reserves the right to increase or reduce, at
any time and from time to time, the number of men employed in any
group mentioned in Exhibit "C", Part 1, to that number of men
which, in the opinion of the Company, are required to perform work
in that group for maintaining the plant. Any such increase or
reduction of force in any group shall be made on the basis of
bargaining unit seniority in that group. The Company shall advise
the employee(s) affected seventy-two (72) hours in advance of any
permanent change in the number of persons who shall work in any
classification.
(11)
ARTICLE VIII
HANDLING OF GRIEVANCES
Section 1. Routine Submission.
(a) For the purpose of adjusting a grievance arising out of
the application or interpretation of a written provision of the
Agreement, it is agreed that an employee, and/or with his Xxxxxxx,
shall first seek adjustment of the matter with his Xxxxxxx; and, if
not resolved, the employee, and/or with his Xxxxxxx, may submit the
grievance in writing to his Xxxxxxx. No grievance will be
considered unless it has been submitted to his Xxxxxxx within five
(5) working days after the employee knew or should have known that
the grievance occurred.
The Xxxxxxx shall advise the employee and/or the Xxxxxxx, in
writing, within five (5) days (Saturdays, Sundays and holidays
excluded) of his decision on the grievance, if submitted. The
grievance must be filed, in writing, on grievance forms provided by
the Company and signed by the individual grievant.
If the grievance is not satisfactorily adjusted with the
Xxxxxxx, the employee and the Xxxxxxx may submit the grievance to
the Shop Committee for handling with the Department Head.
(b) If the Shop Committee elects to process the grievance, it
shall submit the grievance to the Department Head, along with a
factual statement of the reasons that the Xxxxxxx'x answer was not
satisfactory. The grievance must be submitted to the Department
Head within five (5) days (excluding Saturdays, Sundays and
holidays) after the date the Xxxxxxx advised the Xxxxxxx and/or
employee of his decision. The Department Head shall, within seven
(7) calendar days following receipt of the grievance, meet with the
designated members of the Shop Committee at a time to be mutually
agreed upon. The Department Head shall advise the Shop Committee,
in writing, within five (5) days following this meeting (excluding
Saturdays, Sundays and holidays) of his decision regarding the
grievance.
(c) If the response of the Department Head is not satisfac-
tory, the Shop Committee may submit the matter, in writing, to the
Plant Manager within ten (10) days (excluding Saturdays, Sundays
and holidays) after the date the Department Head furnishes his
grievance response to the Committee. The Plant Manager shall,
within ten (10) calendar days following receipt of such grievance
(and documentation) meet with the designated members of the Shop
Committee, at a time to be mutually agreed upon. The Plant
Manager, or his authorized representative, shall render a decision
on the grievance, in writing, within ten (10) days (Saturdays,
Sundays and holidays excluded) following this meeting.
Section 2. Arbitration.
If the grievance is not adjusted satisfactorily through the
procedure hereinbefore mentioned, the issue may be referred to an
arbitrator. If the Union desires to submit such grievance to an
(12)
impartial arbitrator (providing the grievance is one which does not
involve matters in which arbitration is specifically prohibited
under the terms of this Agreement, and which the Company and Union
have mutually agreed to submit to arbitration) it must notify the
Company of that fact, in writing, within thirty (30) days after the
date the Plant Manager, or other duly authorized representative,
advised the Workmen's Committee of his decision.
The Union and the Company shall make written application to
the Federal Mediation & Conciliation Service requesting a seven-
name arbitrator panel from which the parties shall select one (1)
arbitrator. The parties shall alternately each strike one name
until only one (1) name remains who shall act as Arbitrator. It is
understood that, starting with the first arbitration case following
the date of the execution of this Agreement, the Union shall strike
the first name. In the next case, the first name shall be stricken
by the Company, and alternately the Union and the Company thereafter.
Both the Company and the Union shall have the right to reject
two (2) panels submitted by the Federal Mediation & Conciliation
Service.
When the Arbitrator has been selected, he shall meet for the
consideration of the grievance as soon thereafter as is practical.
Any such procedure shall be held in El Dorado, Arkansas, unless the
parties unanimously decide otherwise.
The expense of the Arbitrator shall be shared equally by the
Company and the Union.
The Arbitrator shall decide only the grievance submitted to
him upon testimony presented to him by the Union and the Company,
and shall render his decision in writing.
Except as otherwise specifically provided in this Agreement,
the Arbitrator shall have no power to change the wages, hours, or
conditions of employment set forth in this Agreement; he shall have
no power to add to, subtract from or modify any of the terms of
this Agreement; he shall deal only with the grievance which
occasioned his appointment. He will require that the Union has the
burden of establishing its position on behalf of the employee,
except in a discipline and/or discharge case when the burden will
be on management.
The parties hereto shall comply fully with the award or
decision made by any such Arbitrator, and the decision of the
Arbitrator will be final and binding on both parties.
No provisions of this Article, or of any other Article of this
Agreement, shall deprive any employee covered by the terms of this
Agreement of any rights to which he may be entitled under Section
9(a) of the Labor Management Relations Act of 1947, or any other
Statute of the United States.
The Union has the authority to process, abandon, or settle
grievances on behalf of employees. It is provided, however, that
no grievance as to wage scales that shall be paid to all or any
group of the employees in the bargaining unit shall be submitted to
an arbiter, in any event.
(13)
The question as to whether a person has been paid the rate to
which he is entitled, in accordance with the wage rates set forth
in Exhibit "A" to this Agreement, for work which he has performed
shall be a subject for arbitration.
The grievance and arbitration provisions provided for herein,
in addition to any other right or obligation under the Agreement,
are limited to grievances or clams arising and actually filed in
writing during the term of this Agreement.
In the event a grievance arises over a discharge or layoff,
the first and second steps of the grievance procedure may be
bypassed.
ARTICLE IX
SHOP COMMITTEE AND STEWARDS
Section 1. Shop Committee.
The Shop Committee, composed of four (4) members from the
employee work force, and management representatives, shall hold
regular meetings on a bimonthly basis. It shall be the responsi-
bility of the Shop Committee to submit a written agenda of each
subject it wishes to discuss with the Company no less than forty-
eight (48) hours before the day of any such meeting. Only three
(3) employees in any one group at any one time shall be a member of
the Committee.
Section 2. Stewards.
(a) A Xxxxxxx and an assistant Xxxxxxx may be elected in each
work group by the employees of that group, and the Union shall
submit to the Company, in writing, the names of each person so
designated. The Company shall consider the person so designated as
Xxxxxxx and assistant Xxxxxxx of each work group until notified, in
writing, to the contrary.
(b) Duly-elected Stewards or Committeemen shall be deemed to
possess top ranking seniority for purposes of layoff and recall
rights within his respective work group or classification while
acting as such.
ARTICLE X
LEAVE OF ABSENCE
Section 1. Personal Business.
If an employee desires to be off on personal business (not
emergencies), he may do so with the consent of the Company so long
as he does not desire to be off over two (2) work weeks and
provided that he gives the Company forty-eight (48) hours' notice
of his desire to be absent and the length of time he desires to be
off. Upon completion of such leave, he will resume employment on
the basis of uninterrupted service.
(14)
Section 2. Union Business.
(a) The Company shall, upon a minimum of thirty (30) days'
prior written request from an employee and the President of Local
No. 224 of International Association of Machinists and Aerospace
Workers, grant a leave of absence, extending not longer than
fourteen (14) days, to the employee applying for such leave in
order that he may, during that leave, engage in work pertaining to
the business of Local No. 224 of International Association of
Machinists and Aerospace Workers.
Such a leave shall not be granted to more than one (1)
employee at any one time. Such employee shall not be granted such
a leave for more than an aggregate of thirty(30) days in any one
(1) calendar year.
(b) The Company shall grant (upon a minimum of sixty (60)
days advance prior written request of an employee and the President
or Vice President of International Association of Machinists and
Aerospace Workers) a leave of absence for a period not to exceed
one (1) year in order that the employee requesting such leave may,
during the period of such leave, work as any employee of Interna-
tional Association of Machinists and Aerospace Workers. Not more
than one (1) employee shall be permitted to be absent from work at
any one time on any such leave.
Section 3. Sickness or Accident.
If an employee who has established seniority is out of service
due to occupational injury or occupational disease suffered or
contracted while he is in the employment of the Company, he shall
retain his seniority accrued at the date of his disability and
continue to accrue seniority for a period of twenty-four (24)
months or length of previously-accrued seniority, whichever is
less, during the period of his disability as a result thereof. If
an employee who has established seniority is out of service due to
nonoccupational injury or disease suffered while he was in the
employment of the Company, he shall retain his accrued seniority
for a period of twenty-four (24) months and will accrue seniority
in the classification in which he was last regularly employed for
a period of one (1) year.
Under either of the above conditions, if an employee should
accept an equal or better job elsewhere, his seniority shall be
cancelled.
Section 4. Notice to the Company.
When an employee becomes aware of the fact that he is going to
be absent from work due to sickness, accident, or other emergency,
he must notify his supervisor as far in advance of his scheduled
shift as he/she has knowledge of such intended absence, but no less
than one (1) hour before the time he is due to report to work. In
the event the employee cannot contact his Supervisor, it is
permissible to contact any member of Management.
(15)
Section 5. Military Reserve Training.
(a) Any regular employee (not probationary) may be granted a
special leave of absence for a period not to exceed fourteen (14)
days, plus a reasonable period to cover travel time, when required
for the purpose of engaging in a training program for Enlisted
Reserve, Reserve Officers, or National Guard Encampment, provided:
1. He furnishes the Company with a copy of orders from
the military authorities calling him for duty; and
2. He gives advance notice to his immediate supervisor
so that arrangements may be made for his replace-
ment during the period of his leave.
(b) Only one (1) leave of absence for Military Reserve
Training shall be granted to any employee during a calendar year.
ARTICLE XI
VACATIONS
Section 1.
Normal vacation accruals will be computed in accordance with
the following provisions:
(a) Two weeks (80 hours) - after having accrued one (1)
year's Company seniority;
(b) Three weeks (120 hours) - during the calendar year in
which an employee accrues six (6) year's plant seniority;
In computing length of service for vacations, time spent
working at the El Dorado Plant will be used.
Section 2.
Those employees who had previously accrued or who will accrue,
during the term of this Agreement, twelve (12) years or more
Company seniority shall be entitled to a vacation accrual of four
weeks (160 hours). Thereafter, and for all other employees, the
maximum vacation accrual shall be as provided in Section 1.
Section 3.
(a) Normally, all vacations will begin with the first work
day of the work week schedule.
(b) Vacation pay shall be based upon the straight time rate
of an employee's regular classification at the beginning of the
vacation and will be taken in accordance with his established work
(16)
schedule. If a holiday, as defined in Article VI, occurs during an
employee's vacation period, the employee will receive pay for said
holiday as defined in Article VI.
(c) Each employee must take his vacation during the vacation
year (January 1-December 31) in which it falls due, subject to
subsections (d) and (i) below.
(d) If an employee is not permitted to take his vacation in
any calendar year in which it is due because the Company finds it
not convenient to excuse him from work, he shall be paid a sum
equal to the sum to which he would have been entitled for working
at his regular job based on straight-time pay at normal working
schedule during the last part of that year equal to the number of
weeks' vacation to which he is entitled.
(e) Except with special permission of the Company, no
employee shall be permitted to begin a vacation in any year within
three (3) months of the date of the end of the vacation taken by
him during the preceding calendar year, and any employee who has
received pay in lieu of vacation for one (1) calendar year shall be
entitled to his next annual vacation before March 1 of the
following year, if it is practical for the Company to give him a
vacation.
(f) An employee who (a) resigns, (b) retires, (c) is laid off
as part of a reduction in forces, or (d) is granted a military
leave under the provisions of Article XII, at a time when he has
earned vacation to that date but has not taken, nor previously
received pay in lieu of, shall be paid in lieu of any vacation he
has earned to that date but has not taken, nor previously received
pay in lieu of.
Computation of vacation under this section will be earned at
the rate of one-twelfth (1/12th) for each month from employee's
anniversary date. Sixteen (16) or more calendar days of employment
in any calendar month will be considered a full month in computing
vacation accruals.
(g) An employee will not be eligible for overtime or call-out
during the period beginning with the first day of his vacation and
until his first scheduled work day following completion of his
vacation.
(h) In the event of the death of any employee who was then
otherwise eligible for a vacation but who had not taken it, a sum
of money equal to pay in lieu of such vacation shall be paid to the
person(s) who shall be entitled to the personal property of such
decedent.
(i) No employee shall receive pay in lieu of vacation except
as provided in Article XI, Section 2(d). However, when an employee
is absent from work due to authorized occupational injury or
illness, or personal sick leave, and has not returned to work by
December 31, he may, at the Company's option, be permitted to take
his vacation or receive vacation pay between January 1, and April
1 of the following year.
(17)
Section 4.
The vacation schedule will be initiated January 2nd of each
year for those eligible for vacation in that year. Employees shall
choose their vacation periods in order of their bargaining unit
seniority. The Company will, insofar as operations permit, arrange
by choice and by seniority the employee's request in the vacation
schedule. An employee not submitting his vacation preference
within a reasonable time after being contacted will have his
vacation scheduled during the year at a time convenient to the
plant operations.
Normally, subject to operational requirements, the Company
will permit from each Maintenance Work Group, a maximum of twenty
(20%) percent of the active available employees to be on vacation
at the same time.
ARTICLE XII
MILITARY LEAVE
Section 1. Military Selective Service Act.
The rights of employees of the Company who enter Military
Service during the term of this Agreement will be governed in all
respects by the Military Selection Service Act including amend-
ments.
Section 2. Pay in Lieu of Vacation.
Each such employee who is entitled to a vacation under the
vacation policy of the Company at the time he leaves to enter the
Armed Forces, who elects not to take the vacation but to receive
pay in lieu thereof, shall, upon furnishing to the Company a
certificate from his commanding officer establishing the fact that
he had been inducted into the military service, be paid the amount
of money he would have received had he taken his vacation just
prior to the beginning of his military leave.
ARTICLE XIII
PHYSICAL EXAMINATIONS
Section 1. Periodical Examinations.
The Company may, from time to time, require all employees to
have periodical physical examinations by a doctor selected by the
Company. However, such examinations shall not be used for the
purpose of discriminating against an employee. Each employee shall
receive his regular rate of pay for all time required to be
examined as provided in this Section 1.
Section 2. Certificate of Physical Fitness.
In the case of an employee being absent from work due to
illness or physical impairment, he may be required to present a
certificate of physical fitness, signed by a licensed physician,
before being readmitted to work. This rule, however, shall not
(18)
limit the right of the Company to require physical examination by
a physician in the Company's service in exceptional cases of
constantly recurring absence from duty.
Section 3. Dispute Resolution.
Notwithstanding any of the provisions of Article VIII of this
Agreement, in case a dispute arises over the physical fitness of an
employee to return to work or continue to work, a board of three
(3) physicians shall be selected; one by the Company, one by the
employee, and one selected by the two so named. The decisions of
the majority of this board shall be final and binding.
ARTICLE XIV
MISCELLANEOUS AND GENERAL
Section 1. Tool Check-in Time.
Employees will be allowed fifteen (15) minutes time to clean
and check in their tools before quitting time, if such action is
required by them.
Section 2. Bulletin Board.
The Company shall maintain at the plant entrance gate at the
Chemical Plant a bulletin board which shall be designated as "Local
No. 224 Bulletin Board" and shall be for the use of the Union for
posting -- subject to the approval of the Company -- of any matters
of interest to or affecting the business of the Union. It is
understood and agreed that the posting of notices by the Union
within the plant area will be on this bulletin board only and will
be posted by the Chairman of the Shop Committee or his recognized
representative. This bulletin board will be locked with a key,
released to the Chairman of the Shop Committee and to the Company.
Section 3. Discrimination.
There shall be no discrimination by the Company against any
employee with respect to any conditions of employment on account of
his membership in this labor union, or on account of any activity
undertaken in good faith in his capacity as a representative of
other employees. The Union shall not discriminate against any
employee who is not a member of the Union.
Where the male gender is used in this contract, it is intended
to refer to both male and female. It is a continuing policy of the
Company and the Union that the provisions of this Agreement shall
be applied to all employees without regard to race, color,
religion, sex, physical disability, national origin, or age.
(19)
Section 4. Wage Rate Changes.
There shall be no change in the basic hourly wage rates set
forth in Exhibit "A" to this Agreement, or in the clothing
allowance set forth in Exhibit "B" to this Agreement, during the
term of this Agreement.
Section 5. Safety Provisions.
The Company shall continue to make reasonable provisions for
the safety and the health of its employees at the plant during
hours of their employment. Protective devices from injury shall be
provided by the Company. Employees, subject to this Agreement,
will abide by safe practice rules and regulations of the Company,
and failure to do so may be considered grounds for dismissal.
No employee shall be required to perform services which, in
the considered judgment of the Company and the Union, seriously
endanger his physical safety; his refusal to do such work shall not
warrant or justify discharge. If any employee refused to perform
such work, representatives of the Company and the Union shall
immediately attempt to decide the safety factor. Should they be
unable to agree, the decision of a representative of the Safety
Department of the Company shall be obtained. If the employee still
feels an unsafe condition exists, he will not be required to
perform that given job, and the Company will have the work done by
any means it elects.
Section 6. Discharges.
It is agreed by and between the Company and the Union that the
Company may, without limitation upon its right to discharge an
employee for any other valid reason, discharge any employee,
subject to this Agreement, for the violation of any of the
Company's rules or regulations, which said rules and regulations
heretofore have been approved by both the Company and the Union.
Section 7. Recess Period (Smoking).
Where men are required to work continuously in restricted and
confined areas where smoking is not permitted, the Xxxxxxx is
authorized to grant a recess of not longer than ten (10) minutes to
employees upon request, providing in his judgment, work conditions
permit; however, no employee shall be granted more than two (2)
such recesses in any one (1) normal work day.
Section 8. Jury Duty.
Each employee of the Company who is called for service upon
any grand jury, petit jury or coroner jury shall, after furnishing
to his Xxxxxxx, a certificate in evidence of his jury service, be
paid by the Company for each day which he serves upon said jury a
sum equal to the difference between the amount he would have earned
if he had been required to work for the Company on that day for the
number of hours of his regular work schedule and the jury pay he
received, with the provision that no such payment shall be made to
an employee for jury service on any day during which, in accordance
with his regular work schedule, he would not have worked for the
Company.
(20)
Section 9. Termination Pay.
An hourly employee whose work comes within the scope of the
Fair Labor Standards Act, and who has been continuously employed by
the Company for one (1) year, shall, if discharged through no fault
of his own, receive a sum equivalent to forty (40) hours' straight
time pay at his regular rate, based upon his normal schedule of
work, and twice that amount if he has been employed by the Company
for a period of five (5) years. No employee shall receive such
termination pay more than once in any one (1) calendar year.
Section 10. Contract Work.
It is agreed that any classified work covering maintenance and
repair of equipment and machinery now being done by employees of
the Company shall not be contracted out as long as the Company has
the necessary equipment and as long as there are qualified men
available to do the work.
Section 11. Technical and Supervisory Employees.
The Company may use technical and supervisory employees to
install temporary test equipment to be used in evaluating condi-
tions and/or performance of plant facilities.
Section 12. Minor Maintenance.
It is agreed that Operating Department personnel will perform
minor maintenance functions. Minor maintenance functions shall be
similar in scope but not limited to the following examples:
1. Tightening loose mechanical connections.
2. Tightening leaking packing.
3. Changing instrument charts.
4. Tightening piping fittings to stop minor leaks.
5. Changing light bulbs.
6. Hooking up loading and unloading lines.
Section 13. Minor Operating Functions.
Maintenance personnel may perform minor operating functions
when requested by production supervision, but only when accompanied
(21)
by a qualified member of the operations group. Typical example:
Assisting in closing or opening large block valves that are
difficult for one person to handle.
ARTICLE XV
VALIDITY OF CONTRACT
If any court shall hold any provision of this contract
invalid, such decision shall not invalidate the other provisions.
ARTICLE XVI
NOTICE
Any notice to the Company provided herein may be given by
depositing same in the U.S. Mail in a sealed envelope, registered,
postage prepaid, and addressed to:
El Dorado Chemical Company
X.X. Xxx 000
Xx Xxxxxx, Xxxxxxxx 00000
Attention: Plant Manager
Any notice to be given to the Union may be given by depositing
same in the U.S. Mail in a seal envelope, registered, postage
prepaid, and addressed to:
Recording Secretary
International Association of Machinists
and Aerospace Workers, AFL-CIO,
Local Xx. 000
Xxx 0000
Xx Xxxxxx, Xxxxxxxx
A copy of notices should be likewise mailed to:
President, International Association of
Machinists and Aerospace Workers
AFL-CIO Machinists Building
0000 Xxxxxxxxx Xxxxx
Xxxxx Xxxxxxxx, Xxxxxxxx 00000-0000
ARTICLE XVII
FUNERAL LEAVE
Any employee in the bargaining unit shall be allowed to be
absent from work to arrange for or attend the funeral of any one of
the relatives of the employee hereinafter stated:
(22)
(a) If the deceased relative was the husband, wife, child,
father, mother, brother, sister, grandfather, grandmother, or
grandchild of the employee, the employee shall be permitted to be
absent from work for a period not to exceed two (2) continuous
days. One of these days shall be the day of the funeral. The
other day may be the day before the funeral or the day after the
funeral. If either or both of these days are scheduled working
days, he shall be allowed pay for the day(s) off during his regular
working schedule.
(b) If the deceased relative was the father-in-law, mother-
in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-
law of the employee, the employee shall be permitted to be absent
from work with pay for the purposes stated for one (1) scheduled
working day if the funeral is held on a scheduled working day.
Brother-in-law and sister-in-law will be interpreted as (i) the
spouse of an employee's brother or sister; (ii) the brother or
sister of an employee's spouse; or (iii) the spouse of an
employee's spouse's brother or sister.
(c) If, to attend the funeral for the deceased relative, the
employee travels to a point more than 100 miles from El Dorado,
Arkansas, he shall be allowed such leave for an additional day with
pay.
The pay for each day's leave which the employee receives under
the provisions of this Article shall be a sum equal to straight
time for his regular schedule of work on the day involved. There
shall be no duplication of payment under provisions of this Article
for any other employee benefits such as vacation pay, holiday pay,
or sickness benefits payments.
Any request for such time off with pay based on false
statements will subject the employee making the request to
immediate disciplinary action or discharge.
ARTICLE XVIII
GROUP INSURANCE
The Company agrees to provide group insurance benefits.
Employees participating in these plans will be furnished a booklet
explaining the provisions of the agreements.
Section 1. Group Insurance and Retirement.
Effective with the date of this Agreement the Company and
employees will share the cost of employee and employee dependent
group insurance coverage on the following basis:
Company 75%
Employee 25%
Effective with the date of this Agreement the Company agrees
to pay the cost of employee long-term disability insurance and
basic life insurance.
(23)
Dental insurance coverage will be made available as an option.
The employee may elect to purchase the insurance by paying the
premium each month, or by increasing the deductible amounts of the
current group medical plan.
The Savings Incentive Plan for Employees, adopted effective
December 1, 1985, shall be continued during the term of this
Agreement.
ARTICLE XIX
NO STRIKE OR LOCKOUT
There shall be no strike, sympathy strike, or lockout during
the term of this Agreement for any reason.
ARTICLE XX
SERVICE WITH COMPANY
The Company shall honor previous service at the El Dorado
Chemical Company for purposes of seniority and vacation eligibility
only. Previous service at the plant, or any predecessor of the
Company, shall not be credited for purposes of pension benefits.
ARTICLE XXI
RETIREMENT AGE
The mandatory retirement age for employees shall be in accord
with federal law.
The seniority of each employee whose services are terminated
under the provisions of this Article shall cease as of the date of
such retirement.
IN WITNESS HEREOF, this instrument is executed on the 1st day
of August, 1998, to be effective as of August 1, 1998, at 12:00
a.m.
EL DORADO CHEMICAL COMPANY
By:
________________________________
X.X. Xxxxxxxx
Senior Vice President,
Manufacturing
(24)
INTERNATIONAL ASSOCIATION OF MACHIN-
ISTS AND AEROSPACE WORKERS AFL-CIO,
LOCAL NO. 224
By:
________________________________
Xxxxxxxx Xxxxx
Directing Business Representative
Members of the Shop Committee:
____________________________________
Xxx XxXxxxxx
_____________________________________
Xxxx Xxxxxxx
_____________________________________
Xxxxxx Xxxxxxx
_____________________________________
Xxxxx Xxxxxxxx
______________________________________
Xxxxx Xxxxxx
(25)
EXHIBIT "A"
BASIC HOURLY WAGE RATE
Classification 08/01/98 08/01/99 08/01/00
*"A" Mechanic $16.71 $17.13 $17.47
*"B" Mechanic $15.97 $16.13 $16.45
*"C" Mechanic $15.59 $15.75 $16.07
*"D" Mechanic $11.70 $11.82 $12.06
*"E" Mechanic-New Hire ** ** **
*(First 180 Days)
** Rate of pay determined by Company on basis of employees
qualifications.
The Company shall have the right to select and appoint
employee(s) as Lead. In addition to the regular work of their
classification, a Lead may be assigned to train, assist, assign
employees, carry out the instructions of supervision, and to
perform any other duties pertaining to the maintenance department,
which may be assigned by management. The selection of Lead
personnel and the duration of their appointment is within the sole
discretion of management. While so assigned, Lead(s) shall receive
a premium of one dollar ($1.00) above their regular hourly rate.
(26)
EXHIBIT "B"
CLOTHING ALLOWANCE
In addition to the hourly rates set forth in Exhibit "A",
there shall be paid a clothing allowance of each hour worked, as
indicated below:
Clothing Allowance
Per Hour
$.16
(27)
EXHIBIT "C"
Part 1
RECOGNIZED MAINTENANCE WORK GROUPS
Group I - Mechanical
Includes work ordinarily done by:
Pipefitter, Plumber
Welder, Lead Burner
Heavy Duty Operator
Rigger
Machinist
General Mechanic
Tank Car Repairman
Xxxxxxxxx
Painter
Mason, Insulator, Concrete Finisher
Group II - Electrical/Instrumentation
Includes work ordinarily done by:
Electrician
Instrument Repairman
(28)
EXHIBIT "D"
EMPLOYEE DUES AUTHORIZATION LETTER
DATE:__________________________
TO: EL DORADO CHEMICAL COMPANY
El Dorado, Arkansas
Until further notice, you are hereby requested and authorized
to deduct from wages due me, and payable on the first regular pay
day of each month, the sum equal to my monthly dues as set by Local
224, IAM & AW, AFL-CIO, for my account on or before the end of the
month during which deductions are made.
"Contributions or gifts to Local Lodge 224, International
Association of Machinists and Aerospace Workers are not deductible
as charitable contributions for federal income tax purposes.
However, they may be tax deductible under other provisions of the
Internal Revenue Code."
(29)
___________________________________________________________________
Employee
AMERICANS WITH DISABILITIES ACT
LETTER OF UNDERSTANDING
The Company and Union recognize the provisions of the American's
with Disabilities Act may impact the terms of this Agreement, and
thus agree to discuss each instance individually in order to reach
a mutual understanding.
Dated this 1st day of August, 1998.
EL DORADO CHEMICAL COMPANY
By:_________________________________
X.X. Xxxxxxxx
Senior Vice President, Manufacturing
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS AFL-CIO, LOCAL NO. 224
By:_________________________________
Xxxxxxxx Xxxxx
Directing Business Representative
Members of the Shop Committee:
____________________________________
Xxx XxXxxxxx
____________________________________
Xxxx Xxxxxxx
____________________________________
Xxxxxx Xxxxxxx
____________________________________
Xxxxx Xxxxxxxx
____________________________________
Xxxxx Xxxxxx
(30)
SHIFT DIFFERENTIAL
LETTER OF UNDERSTANDING
Effective August 1, 1998, in addition to the foregoing hourly
rates, employees who are regularly assigned to a specific shift
shall be paid a shift differential of forty cents ($.40) for each
hour worked on the evening shift and eighty cents ($.80) for each
hour worked on the graveyard shift. For payroll purposes,
employees who are regularly assigned to a three shift rotating
schedule shall receive shift pay averaged over all three shifts
(forty cents ($.40) per hour).
NOTE: Maintenance personnel who are not regularly assigned on a
rotating shift basis or to the evening or graveyard shift will
receive shift differential in accordance with the August 3, 1989,
Letter of Understanding (regarding turnarounds and major mainte-
xxxxx projects).
EL DORADO CHEMICAL COMPANY
By:_________________________________
X.X. Xxxxxxxx
Senior Vice President, Manufacturing
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS AFL-CIO, LOCAL NO. 224
By:_________________________________
Xxxxxxxx Xxxxx
Directing Business Representative
Members of the Shop Committee:
____________________________________
Xxx XxXxxxxx
____________________________________
Xxxx Xxxxxxx
____________________________________
Xxxxxx Xxxxxxx
____________________________________
Xxxxx Xxxxxxxx
____________________________________
Xxxxx Xxxxxx
(31)
