EXHIBIT 10
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CARPENTERS' DISTRICT COUNCIL OF GREATER ST. LOUIS
AND
XXXX WHOLESALERS, INC.
EFFECTIVE:
MAY 1, 1998 --- APRIL 30, 2001
INDEX
ARTICLE NO. PAGE NO.
----------- --------
PREAMBLE .......................................................... 1
I UNION RECOGNITION ................................................. 1
II RECOGNITION OF COMPANY RIGHTS ..................................... 2
III HOURS OF WORK - SHIFT WORK ........................................ 2
IV OVERTIME .......................................................... 3
V WAGES AND CLASSIFICATIONS ......................................... 4
VI HOLIDAYS .......................................................... 6
VII VACATIONS ......................................................... 8
VIII JURY PAY .......................................................... 10
IX SENIORITY ......................................................... 11
X STRIKES AND LOCKOUTS .............................................. 12
XI GRIEVANCE PROCEDURE ............................................... 13
XII SHOP STEWARDS ..................................................... 14
XIII HEALTH AND SAFETY ................................................. 14
XIV UNION LABEL ....................................................... 14
XV TOOL SHARPENING ................................................... 15
XVI HEALTH AND WELFARE ................................................ 15
XVII EMPLOYER'S LIABILITIES ............................................ 16
XVIII INJURIES .......................................................... 16
XIX EMPLOYEE'S PENSION TRUST FUND ..................................... 17
XX WAGES, EXPENSES AND PROCEDURES FOR
CORRECTING SHOP ERRORS ON JOB SITE ............................... 17
XXI TEMPORARY ASSIGNMENT .............................................. 18
XXII ACCESS OF PREMISES TO UNION REPRESENTATIVE ........................ 18
XXIII DELINQUENCY CLAUSE ................................................ 18
XXIV AGREEMENT SHALL CONFORM WITH LAW .................................. 19
XXV FUNERAL LEAVE ..................................................... 19
XXVI LEAVES OF ABSENCE ................................................. 19
XXVII NEW EQUIPMENT ..................................................... 19
XXVIII SHOW UP TIME ...................................................... 20
XXIX DUES CHECKOFF ..................................................... 20
XXX EFFECTIVE DATE AND DURATION OF AGREEMENT .......................... 20
SIGNATURE SHEET ................................................... 21
AGREEMENT
This Agreement made and entered into this 1st day of May, 1998, between
Xxxx Wholesalers, Inc., its successors, and assigns, Party of the First Part,
hereinafter called the Employer, and xxx Xxxxxxxxxx' District Council of St.
Louis & Vicinity, affiliated with the United Brotherhood of Carpenters and
Joiners of America, AFL-CIO, Party of the Second Part, hereinafter called the
Union.
WITNESSETH:
In consideration of the mutual benefits accrued and to accrue and of the
Agreements set forth hereinafter, the parties hereto agree as follows:
ARTICLE I
UNION RECOGNITION
The Company recognizes the Union as the sole collective bargaining agency
for all employees of the Employer wherever the same are situated within the
territorial jurisdiction of xxx Xxxxxxxxxx' District Council of St. Louis &
Vicinity, with the exception of office employees, clerical employees, employees
covered by written contract with other unions, and supervisory employees, with
the authority to hire, promote, discharge, or otherwise effect changes in the
status of employees or effectively recommend such action except as hereinafter
provided. For the purposes of this Agreement, working foremen shall not be
considered as supervisory employees, but shall be considered as within the group
represented by the Union. The Company agrees that it will not discharge or in
any manner discriminate against any employee for, or on account of, his
membership or activity in the Union.
It is understood and agreed by and between the parties hereto that, as a
condition of continued employment, all persons who are hereafter employed by the
Employer in the unit which is the subject of this Agreement shall make
application and become a member of the Union on or after thirty (30) days from
the date of their employment or the effective date of this clause, whichever is
the later, and that from and after the thirtieth (30th) day following the
effective date of this clause, the continued employment by the Employer in said
unit of persons who are already members in good standing of the Union shall be
conditioned upon those persons continuing their payments of the periodic dues of
the Union. The failure of any person to make application to and become a member
of the Union to such effect and to the further effect that Union membership was
available to such person on the same terms and conditions generally available to
other members to forthwith discharge such person; provided, however, that the
Employer shall not be required to discharge or otherwise discriminate against
any employee for non-membership in the Union if, (1) the Employer has reasonable
grounds for believing that such membership was not available to the
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employee on the same terms and conditions generally applicable to other members,
or (2) if the Employer has reasonable grounds for believing that membership was
denied or terminated for reasons other than the failure of the employee to
tender the periodic dues and the initiation fees uniformly required as a
condition of acquiring or retaining membership.
ARTICLE II
RECOGNITION OF COMPANY RIGHTS
The management of the business and the direction of the working force is
the responsibility of the Company, including the right to hire, transfer,
promote, demote, maintain quality and efficient operation, the right to hire new
employees and to direct the working force, to discipline, suspend, discharge,
transfer or terminate employees because of lack of work, in accordance with
"Seniority Clause." require employees to observe Company rules and regulations,
to decide the number and location of its plants, products to be manufactured,
and methods and schedules of production, including the means and processes of
manufacturing, to introduce new or improved methods or facilities, to extend,
limit or curtail its operation when in its sole discretion it may deem it
advisable to do so, the right to establish or modify incentive pay or bonus
plans, and the right to establish an Illegal Substance and Alcohol Abuse Policy;
providing, however, that none of the powers herein reserved to the Company shall
be used for purposes of discrimination against any member of the Union, or be
inconsistent with the terms of this contract.
Only one member of a partnership or one officer of a corporation may work
with tools or machines.
The Union agrees that the work to be done by members of the Union under
this contract, shall be as, when and where determined and designated by the
Employer and shall be efficiently performed by the members of the Union,
provided the work is such as comes reasonably within the classification
customarily given to similar work generally done by craftsmen of this Union.
ARTICLE III
HOURS OF WORK - SHIFT WORK
Eight (8) hours' work in any day shall constitute a regular day for the
first five (5) days of the week, Monday through Friday, between the hours of
7:00 a.m. and 5:30 p.m., unless otherwise mutually agreed upon between the
Employer and the Union. Forty (40) hours of work, Monday through Friday, shall
constitute a week's work. There shall be a regular pay day for all employees at
least once a week and no more than five (5) days' pay shall be held back. A
check stub shall accompany employees' pay checks and must include all deductions
made.
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When shift work is required, it shall be for no less than five (5) days,
and those employees working second or third shift shall receive no less than
fifteen cents ($.15) per hour above the regular rate of pay for the class of
work performed.
Due to the possibility of injury, there shall be no less than two (2)
employees working a given shift.
ARTICLE IV
OVERTIME
For the purposes of this Article, the regular work day consists of eight
(8) hours' work, and the regular work week consists of Monday through Friday.
All hours worked by the employees covered by this Agreement in excess of
eight (8) hours and not exceeding ten (10) hours in any work day, shall be paid
for at the rate of one and one-half (1-1/2) times the employee's regular
straight time rate of pay. Any work performed in excess of ten (10) hours in any
regular work day shall be paid for at the rate of two (2) times the employee's
regular straight time rate of pay.
All work performed on Saturday which does not exceed eight (8) hours shall
be paid for at the rate of one and one-half (1-1/2) times the employee's regular
straight time rate of pay and any work performed on Saturday in excess of eight
(8) hours shall be paid for at the rate of two (2) times the employee's regular
straight time rate of pay.
In fixing the work week and the regular hours of employment at eight (8)
hours per day, it is with the distinct understanding that nothing herein
contained and nothing contained elsewhere in this Agreement, shall be construed
as a guarantee of hours of work per day or per week, or of days of work per
week, or per month.
All work performed by production employees on Sunday shall be paid for at
two (2) times the employee's regular straight time rate of pay.
All work done by production employees on holidays named in Article VI
shall be paid for at two (2) times the employee's regular straight time rate of
pay, and in addition his holiday pay.
All maintenance work done by any employee covered by this Agreement in any
time period in excess of the regular work day, or in any time period in excess
of the regular work week, or on Saturday, Sunday, or on any holiday, shall be
paid for at the rate of one and one-half (1-1/2) times the employee's regular
straight time rate of pay, and, if on a holiday he shall receive in addition,
his holiday pay.
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In no event shall overtime be paid on overtime as herein defined. No
employee shall receive overtime pay twice for the same hours worked, or overtime
and premium pay under this Article for the same hours worked. When an employee
is entitled to statutory overtime under the provisions of any law and also to
overtime or premium pay under this Article, either by reason of the fact that
his employment is in excess of the regular work week or on any one of the
holidays herein designated, he shall be paid the larger of the two, but not
both.
When the Company requires overtime work on a job, then the employee who
performs the job regularly with the most seniority will be given the first
opportunity to perform the overtime work; if the employee who performs the job
regularly with the most seniority refuses overtime work, the next qualified
employee with the most seniority in the department will be given the opportunity
to the overtime work and so on repeating the process.
If all employees refuse the overtime, then starting with the most junior
qualified employee, the required number of employees shall work the overtime. An
employee who, on an isolated occasion, has a reasonable conflict will be
excused.
Notice of Saturday and Sunday overtime will be given at the end of the
shift on Thursday when the Company is able to do so.
The company will give employees notice of daily overtime to be worked at
the end of their regular shift by giving such notice by 1:00 p.m. of that day
when the Company is able to do so. The company will give employees notice of
daily overtime to be worked prior to the beginning of their regular shift by
giving such notice by the end of their shift the preceding day when the Company
is able to do so.
ARTICLE V
WAGES AND CLASSIFICATIONS
Section 1. The classifications under this Agreement are as follows:
Millworkers, Sub-assemblers, Student Help and Working Foremen.
Section 2. Effective May 1, 1998, all employees shall receive an increase
of thirty-five cents ($.35) per hour above their existing hourly wage rate.
Effective May 1, 1999, all employees shall receive an increase of forty
cents ($.40) per hour above their existing hourly wage.
Effective May 1, 2000, all employees shall receive an increase of forty
cents ($.40) per hour above their existing hourly wage.
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Section 3. Employees hired into the Millworker classification after
4/30/86 but prior to 5/1/92 or hired as an employee after 4/30/86 but prior to
5/1/92 and transferred into the Millworker classification thereafter, shall be
paid no less than the following minimum wages (note that said progression rates
already include the general increases set forth in Section 2):
Effective Effective Effective
5/1/1998 5/1/1999 5/1/2000
Start $ 9.85/hr. $10.25/hr. $10.65/hr.
After 6 Months 10.35/hr. 10.75/hr. 11.15/hr.
After 12 Months 10.85/hr. 11.25/hr. 11.65/hr.
Alter 24 Months 11.35/hr. 11.75/hr. 12.15/hr.
After 36 Months 11.85/hr. 12.25/hr. 12.65/hr.
Employees hired after 5/1/92 as a Millworker or hired after 5/1/92 and
subsequently transferred into the Millworker classification shall be paid no
less than the following minimum wages (note that said progression rates already
include the general increases set forth in Section 2):
Effective Effective Effective
5/1/1998 5/1/1999 5/1/2000
Start $ 8.95/hr. $ 9.35/hr. $ 9.75/hr.
After 6 Months 9.45/hr. 9.85/hr. 10.25/hr.
After 12 Months 9.95/hr. 10.35/hr. 10.75/hr.
After 24 Months 10.45/hr. 10.85/hr. 11.25/hr.
After 36 Months 10.95/hr. 11.35/hr. 11.75/hr.
Section 4. Sub-assembler classification: employees hired after 4/30/86 and
assigned to this classification shall be paid no less than the following minimum
wages (note that said progression rates already include the general increases
set forth in Section 2):
Effective Effective Effective
5/1/1998 5/1/1999 5/1/2000
Start $ 7.95/hr. $ 8.35/hr. $ 8.75/hr.
After 3 Months 8.20/hr. 8.60/hr. 9.00/hr.
After 6 Months 8.45/hr. 8.85/hr. 9.25/hr.
After 12 Months 8.95/hr. 9.35/hr. 9.75/hr.
The regular duties of a Sub-assembler are as follows: nail casing on door
units, assemble door xxxxx, apply weatherstripping to door frames, apply hinges
to door frames, cut door frames to size (heads and sides) except for special
orders as described below, secure materials from the warehouse for all unit
employees, assist Millworkers when help is needed to lift, move, and/or hold
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material, and other miscellaneous duties assigned; it being understood, however,
that the cutting and assembly of special jambs (jambs wider than 5-1/4), the
assembly of double door units, and cut (including mitering) casing, are
considered Millworkers' work. Millworkers shall also continue to perform all
work as they have done in the past, including the above Sub-assembler duties as
instructed.
Section 5. Student Help - Student help over eighteen (18) years of age may be
employed from May 1 to September 1 and shall be paid no less than the following
minimum rates:
Start $6.00 per hour
Second Successive Summer $6.25 per hour
Third or More Successive summer $6.50 per hour
There shall be no more than two student help employed at any one time.
Student help shall not participate or receive any fringe benefits from the
Health and Welfare Fund, Pension Fund, Paid Holidays, etc.
Student help shall be required to purchase a work receipt from the
Executive Secretary-Treasurer of xxx Xxxxxxxxxx' District Council for each month
worked in advance of said month. The amount of the work receipt shall be equal
to the monthly dues paid by the other unit employees.
Section 6. Working Foremen: Working foremen are those employees designated
as such by Management who direct the work of others working under him.
Working xxxxxxx shall receive wages as follows: thirty-five cents ($.35)
per hour premium above the group he is leading.
ARTICLE VI
HOLIDAYS
All new employees covered by this Agreement who have been in the
continuous employment of the Company for three (3) months prior to the following
holidays shall be eligible for holiday pay:
New Year's Day Thanksgiving Day
Memorial Day Day After Thanksgiving
Fourth of July Christmas Day
Labor Day Personal Holiday
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The day selected as the personal holiday shall be by mutual agreement of
the Employer and employee.
An employee will not be required to serve more than one (1) three-month
qualifying period, except as hereafter mentioned.
To be eligible for the above holiday pay, an employee must have worked on
the scheduled working day before and the scheduled working day after the
holiday.
If an employee is unable to work within ten (10) calendar days prior to a
paid holiday, due to layoff, accident or sickness, the employee is to be paid
for the holiday occurring during such a period, and it shall be included in his
pay check at time of layoff, accident or sickness, whichever is applicable. To
be eligible for holiday pay under this section in the event the employee is off
for accident or sickness as described above, the employee must submit a
satisfactory doctor's statement verifying he is off because of said accident or
sickness for the day/days in question.
If an employee is unable to work within ten (10) calendar days after a
paid holiday, due to layoff, accident or sickness, the employee is to be paid
for the holiday occurring during such period. Pay for this holiday is to be
included in the first pay check after the employee returns to work. To be
eligible for holiday pay under this section in the event the employee is off for
accident or sickness as described above, the employee must submit a satisfactory
doctor's statement verifying he is off because of said accident or sickness for
the day/days in question.
All rehires, excluding those mentioned above, must serve a thirty (30)
calendar day period to be eligible for holiday pay.
Employees required to work on these holidays shall be paid at the rate of
double time, plus holiday pay. No work shall be allowed under any pretense on
Labor Day, except to preserve property or life.
Should a paid holiday occur in a vacation period, the holiday is not to be
counted as one of the vacation days, but at the Employer's option, the vacation
period may or may not be extended by one day; in either case, the employee shall
receive eight (8) hours' pay at his regular rate for such holiday in addition to
his vacation pay. Pay for each holiday earned shall be at the employee's regular
straight time hourly rate for eight (8) hours.
If a holiday falls on Sunday, the following Monday shall be observed as
the holiday. If a holiday falls on a Saturday, the Friday before will be
observed as the holiday.
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ARTICLE VII
VACATIONS
The vacation period for all employees covered by this Agreement is from
January 1 to December 31 in any calendar year.
(A) If the employee was hired between January 1 and June 1, in any
calendar year between these dates and is with the same Employer in the following
calendar year as of June 1, and has qualified for a vacation, he will be paid
vacation pay at his regular straight time hourly rate for forty (40) hours and
will also receive the same time pro-rated additional vacation pay for each full
month of employment between January 1 and June 1 in the first calendar year in
which he was employed. No employee will receive this extra vacation pay at any
time except in the first year.
(B) If the employee has been continuously employed for one (1) year and
this one (1) year period ends between June 1 and December 31, in any calendar
year, he is entitled to a paid vacation for forty (40) hours on the first
anniversary date of his initial employment and will be paid vacation pay at his
regular straight time hourly rate for forty (40) hours. The above also applies
to the employee's second full year of employment.
(C) All employees covered by this Agreement who have been continuously
employed for period of three (3) years or more ending prior to June 1 of any
calendar year, shall receive two (2) weeks' vacation with pay at his regular
straight time hourly rate for eighty (80) hours.
(D) All employees covered by this Agreement who have been continuously
employed for a period of three (3) years between June 1 and December 31 in any
calendar year shall receive two (2) weeks' vacation with pay at his regular
straight time hourly rate for eighty (80) hours on his third anniversary
(thereby completing three (3) full years as of his starting date).
(E) All employees covered by this Agreement who have been continuously
employed for a period of ten (10) years or more ending prior to June 1 of any
calendar year, shall receive three (3) weeks' vacation with pay at his regular
straight time hourly rate for one hundred twenty (120) hours.
(F) All employees covered by this Agreement who have been continuously
employed for a period often (10) years between June 1 and December 31 in any
calendar year shall receive three (3) weeks' vacation with pay at his regular
straight time hourly rate for one hundred twenty (120) hours on his tenth (10th)
anniversary (thereby completing ten (10) full years as of his starting date).
(G) All employees covered by this Agreement who have been continuously
employed for a period of twenty (20) years or more prior to June 1 of any
calendar year, shall receive four (4) weeks' vacation with pay at his regular
straight time hourly rate for one hundred sixty (160)
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hours. No employee hired after March 9, 1989 will be eligible to receive four
(4) weeks of vacation under this section.
(H) All employees covered by this Agreement who have been continuously
employed for a period of twenty (20) years between June 1 and December 31 in any
calendar year shall receive four (4) weeks' vacation with pay at his regular
straight time hourly rate for one hundred sixty (160) hours on his twentieth
(20th) anniversary (thereby completing twenty (20) full years as of his starting
date). No employee hired after March 9, 1989 will be eligible to receive four
(4) weeks of vacation under this section.
(I) Unless otherwise mutually agreed, the Employer may select for the
employees third and fourth weeks' vacation any time during the applicable period
set forth in (Q) below and the Union agrees to abide by the Employer's
selection.
(J) In all cases where an employee is laid off after more than a year of
employment and rehired within twelve (12) months from the date of layoff, he
will retain his service measured in months, for the purpose of calculating his
future vacation pay.
(K) All employees, in order to be eligible for either a one (1) week, two
(2) weeks, three (3) weeks, or four (4) weeks vacation must have been employed
for a minimum of eighty percent (80%) of full time in the twelve (12) month
period preceding their anniversary date, except for on-the-job injury. If not,
they will receive a vacation period and vacation pay on a pro-rated basis. Full
months only will determine the vacation pay.
(L) All employees must take their vacation during the year it is due and
shall not work either at their regular place of employment or for a local mill
or warehouse during their vacation.
(M) If any employee who has qualified for and has had one or more
vacations is discharged for cause, or is laid off in a subsequent calendar year,
prior to June 1, he will receive prorated vacation pay on the basis of
one-twelfth (1/12th) of his vacation pay for each full month from his
anniversary date.
(N) An employee will be paid only for one (1) vacation in any one (1)
calendar year.
(O) Any employee who quits prior to his anniversary date shall not receive
any vacation pay unless said employee gives two (2) weeks' written notice of
resignation, in which event said employee shall receive his pro rata vacation
pay.
Any employee who quits after his anniversary date shall receive his
vacation pay, but no pro-rated pay.
(P) Vacation pay shall be based on straight time compensation for a forty
(40) hour week without overtime or other extra compensation, and shall be paid
in advance of a vacation. If
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a holiday should fall within the vacation period and the employee is qualified
for pay on said holiday, then vacation pay for the week in which the holiday
falls shall be based on straight time compensation for a forty-eight (48) hour
week without overtime or other compensation. Also, by mutual agreement,
employees may take an additional day of vacation in lieu of eight (8) hours'
holiday pay.
(Q) The Employer agrees that he will attempt to accommodate the preference
of the employee as far as is possible, when scheduling vacations. The Employer
must give at least thirty (30) days' notice to the employee if he wants him to
take his vacation at a special time and the employee shall do likewise to the
Employer. The above provisions are subject to the following: if an employee is
entitled to one (1) week of vacation, it can be scheduled between May 1 and
Labor Day. If an employee is entitled to two (2) weeks' vacation, one (1) week
can be scheduled between May I and Labor Day. If an employee is entitled to
three (3) or four (4) weeks' vacation, two (2) weeks of it can be scheduled
between May 1 and Labor Day.
(R) In the event an employee works for a minimum of three (3) months in
any calendar year and is then laid off and recalled the second and third year,
by the same Employer, for a number of months' work, he will be entitled to a
forty (40) hour vacation with pay after he has been employed for a total of
twelve (12) months in a consecutive three (3) year period. His vacation shall be
given either- in the third or fourth year, as determined by the completion of
his twelve (12) months of interrupted employment, and shall be taken between
January 1 and December 31.
Employees must take their vacations within a year from the date it is
earned, and anyone not taking time off for his vacation in the year it is due
shall forfeit his vacation pay. No Employer shall proposition an employee to
take vacation pay in lieu of his vacation time off. Further, the Employer shall
not knowingly hire an employee when he is on vacation leave from another shop or
mill.
(S) No more than one employee can be on vacation at any one time unless
otherwise mutually agreed.
ARTICLE VIII
JURY PAY
In the event an employee is called to serve on the jury, except Grand
Jury, he is to receive his regular hourly rate for the number of hours and/or
days that he is serving as a juror, but in no case is he to be paid for more
than eight (8) hours per day, nor more than ten (10) days, less the amount
received for his jury service, that he is given at the end of his jury duty. If
the employee is dismissed from jury duty by noon, he must return to work as soon
as possible.
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ARTICLE IX
SENIORITY
Section 1. The Employer agrees to apply seniority as herein defined and
provided.
Section 2. All cases of layoffs shall be handled strictly by length of
service subject to the ability clause from the date of his first employment with
his Employer within a classification with student help to be laid off before any
other unit employee is laid off and all laid off employees shall be rehired in
reverse order of having been laid off. If a millworker is laid off, he can bump
the subassembler who is the least senior in the subassembler classification.
Said millworker will be paid seventy percent (70%) of his millworker pay or the
subassembler rate, whichever is greater, except that millworkers employed as of
May 1, 1986 in this situation will continue to receive his millworker pay. In a
non-layoff situation, millworkers will be paid millworker pay when assigned to
do subassembler work.
Two (2) hours' notice shall be given in case of layoff except in case of
fire, flood, power failure, act of God or other emergency.
When a permanent job opening occurs, advancement and promotion is to be
determined by seniority subject to the ability clause. In implementing the
above, if an opening in the millworker classification occurs, the subassembler
with the greatest classification seniority subject to ability will be given
consideration for that opening. If placed in the millworker classification, he
will be given a trial period not to exceed four (4) months. If he has completed
his probationary period but the Employer determines he is not qualified during
the trial period, he will be returned to the subassembler classification without
loss of seniority. For pay purposes, said employee will be slotted into the
millworker classification wage progression upon being placed in the millworker
classification.
Employees hired on or after May 1, 1986 will be laid off before any
millworker hired before May 1, 1986.
Ability to Perform the Job
This means the employee involved shall be physically and mentally capable
of performing his job and has demonstrated that he has kept up a reasonable and
acceptable standard of job performance, including, but not limited to, the
quality workmanship normally accepted by-the Employer from other employees.
Question of ability shall be determined by the Employer involved after
consultation with the Business Representative subject to the arbitration clause
of this Agreement.
If any employee is laid off, has an accident, or is sick, for a period up
to twelve (12) months and is subsequently rehired by the same Employer, he will
not lose his seniority.
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Section 3. The provisions herein contained shall not apply to new workers until
such new workers and/or apprentices have been in the continuous employment of
the Employer for a probationary period of, ten (10) months; after which
probationary period his starting date shall be his seniority date. During the
probationary period, the Employer has the right to terminate the employee
without recourse by the Union or the employee.
Section 4. An employee loses his seniority for the following reasons:
(A) Voluntarily quits.
(B) Layoffs of twelve (12) consecutive months or more excluding sickness
or accident.
(C) Employee is absent for three (3) working days without notifying his
Employer.
(D) Employee who is laid off and is notified to report to work and fails
to notify the Employer of his intentions within two (2) working days
after receiving such notice.
(E) Discharge for cause to include, but not limited to, stealing,
consuming alcohol on the premises of the Employer, reporting to work
intoxicated, continuous absenteeism, reporting to work late
continuously, or fighting.
(F) An employee terminated for any of the above causes shall be paid all
monies due him, including vacation pay they may have earned;
employee discharged for stealing shall receive no vacation pay if
value of stolen goods exceeds vacation pay.
(G) Employees who cause a garnishment notice to be served on the
Employer, may or may not be discharged, at the discretion of the
Employer, subject to the provisions of the Federal Garnishment Wage
Law.
Section 5. The Employer agrees to publish a list of seniority standings of
the shop employees on January 1st and July 1st of each year and post one copy on
the shop bulletin board, furnish one copy to the shop xxxxxxx and a copy to the
Union Representative.
ARTICLE X
STRIKES AND LOCKOUTS
As this Agreement provides for the amicable adjustment of all disputes and
grievances, the Union agrees, for itself and its members, that it shall not
engage in, initiate, authorize, sanction, support or permit any illegal strike,
walkout, slowdown, or stoppage of work, and the Employer agrees that he will not
lock out any employee, or group of employees. No employee shall cease
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work, slow down, walk out or engage in a shop strike because of any grievance
while the same is being considered and remains undisposed of by any committee
having jurisdiction thereof by virtue of Article XI of this Agreement, or during
any period of arbitration, as provided in Article XI.
ARTICLE XI
GRIEVANCE AND ARBITRATION
Should differences arise between the Company and the Union as to the
interpretation of this Agreement, or should any other dispute whatsoever arise
between the parties hereto, an xxxxxxx effort shall be made to settle such
differences immediately in the following manner:
FIRST: Between the aggrieved employee and the xxxxxxx of the department
involved.
SECOND: Between the shop xxxxxxx and the xxxxxxx of the department involved
or plant superintendent.
THIRD: Between the local business agent of the Union and a representative
of the Company.
In the event such complaint or grievance shall not have been
satisfactorily settled, the matter shall then be submitted to an arbitration
committee of three (3) for final decision. This committee shall be selected as
follows: one (1) member shall be selected by the Union, one (1) member shall be
selected by the Company, and these two (2) shall select a third (3rd) member.
The committee shall hold hearings without undue delay. It is agreed, however,
that nothing herein shall prevent the Union and the Company from agreeing upon a
single arbitrator, who shall act in the same manner as the committee of three
(3). The committee or single arbitrator, as the case may be, shall have no power
to add to, subtract from, change or modify any of the terms of this Agreement.
The parties agree that they will bear equally the cost of the arbitration
proceedings. Any stewards and/or members of the Union Committee must be a member
of the Union for not less than one (1) year.
To be timely, all grievances must be submitted in writing to the Company
within five (5) days after the occurrence of the event giving rise to the
grievance.
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ARTICLE XII
SHOP STEWARDS
There shall be one chief shop xxxxxxx in each plant, appointed by the
Union, and it shall be the duty of such shop xxxxxxx to see that the members of
the Union are in good standing, and to report any and all violations of this
Agreement to both parties interested. The Union must notify the Employer
promptly of change in chief shop xxxxxxx.
It is recognized by the Employer and the Union that the shop xxxxxxx is a
man selected for both his ability as a worker and his loyalty and interest to
the Union. In recognition of this fact, the Employer agrees that the shop
xxxxxxx shall have top seniority. The shop xxxxxxx shall be notified of any new
men hired, or any employees to be laid oft or any employees to work more than
two (2) hours' overtime. Employees required to work on Saturday, or Sunday or
holidays, shall secure an overtime receipt and number from the Executive
Secretary-Treasurer of xxx Xxxxxxxxxx' District Council through the shop
xxxxxxx.
ARTICLE XIII
HEALTH AND SAFETY
The Employer shall provide adequate facilities and precaution in each
department to secure the health and safety of employees, and shall include the
supply of first-aid cabinets at convenient locations; and provide adequate
toilet and washroom facilities, and keep same sanitary. The employees shall
observe all rules of the Employer relative to such facilities.
The Company agrees to furnish safety equipment as follows: safety goggles,
hard hats, ear plugs, respirators where necessary, with reasonable replacements.
ARTICLE XIV
UNION LABEL
It is hereby understood and agreed by the Employer and the Union that an
application shall be made for the Union Label to the First General Vice
President of the United Brotherhood of Carpenters and Joiners of America. If the
application is approved, and the Union Label is issued by the United Brotherhood
of Carpenters and Joiners of America to be placed upon the Employees products,
it is understood and agreed that the Label shall remain the property of the
United Brotherhood of Carpenters and Joiners of America, and shall be at all
times in the possession of a
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member of the United Brotherhood of Carpenters and Joiners of America; and that
said Union Label shall at no time be used in any manner that will be detrimental
to the interest and welfare of the members of the United Brotherhood. Use of
said Label may be withdrawn from the mill, shop, factory, or manufacturing
establishment of the Employer at any time at the discretion of the International
Union. It is expressly agreed between the parties hereto that a representative
number of items shipped from the plant will have the Union Label stamped on
them.
ARTICLE XV
TOOL SHARPENING
Employees covered by this contract shall not be required to sharpen
Company or employee tools on his own time, unless he moves tools from the shop
for his own use. If the Employer chooses to have the sharpening and conditioning
of Company and employee tools done by an outside source, the Employer shall pay
the cost of any hand tools sent out for sharpening and conditioning.
ARTICLE XVI
HEALTH AND WELFARE
Bargaining unit employees will be covered by the same health insurance
benefits and eligibility provisions as the Company's non-unit employees with the
Company paying the same portion of the premium for single and family coverage
for unit employees as it does for non-unit employees.
The applicable life, health and sickness and accident benefits will not
become effective until the first full calendar month after the eligible unit
employee completes the first 90 days of work with the Employer.
The Employer agrees that where an employee ceases active work due to
layoff or temporary suspension of the Employer's business, that it shall
continue to make the premium payments for the health, life and sickness and
accident plans for the employee and his dependents, but not to exceed one (1)
month following the month in which the layoff occurs.
The Employer agrees that where an employee ceases active work due to
accident or illness for which he is receiving benefits from the health and/or
sickness and accident plans, that it shall continue to make the premium payment
for the health and sickness and accident plans for the employee and his
dependents during the period the employee is receiving benefits under said
plans, but not to exceed payments for six (6) full months from the date the
accident or illness has occurred.
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The insurance on any employee who, on account, of illness or injury, is
not at work for full time and for full pay for the Employer on the date on which
his insurance would otherwise become effective, shall not be made effective
until his assumption of all duties pertaining to his employment at frill time
and for full pay.
The Company will also provide life insurance of $8,000 on the employee's
life and $2,000 on the employee's dependents, as well as provide sickness and
accident benefits as discussed during negotiations, for example, providing
benefits of $120.00 per week up to twenty-six (26) weeks, with such benefit to
commence with the eighth day of sickness and first day of accident or
hospitalization.
ARTICLE XVII
EMPLOYER'S LIABILITIES
It shall be a condition of this contract that the Employer obtain a policy
of insurance from a company authorized to do business in the State of Missouri
for the protection of the employees under the Employers' Liability and Workmen's
Compensation Act of the State of Missouri, and it shall be a further condition
of this contract that the Employer shall remain subject to the provisions of the
Unemployment Compensation Act of the State of Missouri.
The above shall apply regardless of the number of employees, and upon
request by the Union, proof must be shown of full compliance.
ARTICLE XVIII
INJURIES
In the event that any employee is injured in the performance of his duties
as prescribed by the Employer, then, and in that event, the Employer hereby
agrees to see that such injury is immediately treated and that, if necessary,
such injured employee shall be, as soon as practicable, transported to a
hospital or doctors office for care and treatment.
Any injuries that occur during an employee's scheduled working day, the
employee shall be compensated at full time and pay for the time spent going to
and from the doctor's office and further, if ordered not to work the balance of
the day, the employee shall receive full eight (8) hours' pay. Any subsequent
visits ordered by the doctor to his office during the employee's working day,
the employee shall receive full pay for time spent going to and from the
doctor's office; the employee must report when leaving the doctors office and
upon returning to the shop.
Under no circumstances will premium time be paid for visits to doctor's
office.
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ARTICLE XIX
EMPLOYEE'S PENSION AND TRUST FUND
The Employer agrees to contribute into xxx Xxxxxxxxxx Pension Trust Fund,
for all regular and overtime hours, plus those hours paid for as a result of any
fringe benefits in the contract, such as paid holidays, paid vacations and jury
pay, the following:
Effective 5/1/1998 - Eighty cents ($.80) per hour per employee.
Effective 5/1/1999 - Eighty-five cents ($.85) per hour per employee
Effective 5/1/2000 - Ninety cents ($.90) per hour per employee
The above contributions by the Employer are to be used to provide
retirement benefits for the employees covered under this contract. Contributions
shall begin from the first hour worked on the first day of employment.
A portion of the general wage increases set forth in Article V may be
allocated to pension contributions rather than put into wages for the unit as a
whole as determined by the unit. In such event, the general wage increases and
that portion of the progression rates that reflect said general increases set
forth in Article V will be reduced accordingly.
The Employer agrees to be bound by the provisions of xxx Xxxxxxxxxx
Pension Trust Fund Agreement, all amendments thereto, and all rules and
regulations promulgated thereunder by the trustees, provided, however, that no
such amendments, rules or regulations will increase the Employer's cost above
that which is provided in this Agreement as to the contribution into the Fund.
ARTICLE XX
WAGES, EXPENSES AND PROCEDURES
FOR CORRECTING SHOP ERRORS ON JOB SITE
Should the need arise for the Employer to send an employee outside to
correct a minor shop error or service work, such employee shall be compensated
at his current rate of pay and the Employer shall furnish him transportation. In
the event transportation is not furnished by the Employer, then said employee
shall be reimbursed for his actual expenses incurred while traveling. Any
employee sent outside, as above described, shall first obtain a courtesy card
from xxx Xxxxxxxxxx' District Council. If an employee is sent out of the shop,
as above described, into another district, the Employer shall compensate the
employee for any expenses incurred, including cost of a jurisdictional permit.
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ARTICLE XXI
TEMPORARY ASSIGNMENT
In the event the Employer assigns an employee to a higher classification
different than which said employee is presently occupying, then and in that
event such employee shall be compensated at his original rate of pay for a
period not to exceed twenty-five (25) days. It the employee works four (4) hours
or more in a day on millworker work, that shall be considered as one full day.
Time spent training on millworker work shall not be counted towards the
twenty-five days.
If a subassembler is assigned millworker work by management for the entire
shill and works the entire shift as a millworker, the subassembler will be paid
for performing such millworker work under the applicable millworker progression
based on the subassembler's length of service in the bargaining unit.
ARTICLE XXII
ACCESS OF PREMISES TO UNION REPRESENTATIVE
It is agreed and understood that any representative of the Union, as
designated by the Secretary-Treasurer of xxx Xxxxxxxxxx, District Council, shall
have access to the mill at any reasonable time, to perform the duties assigned
to him in connection with the Agreement and the representative of the Union
shall notify the Company when he comes on the premises. It is further agreed
that the Employer shall, upon request by the Business Representative, call the
shop xxxxxxx to the phone to transact business pertaining to the contract.
ARTICLE XXIII
DELINQUENCY CLAUSE
In case of any established delinquencies in contributions of the Employer
to the Pension Trust Fund which are not disputed claims, or any case of
established violations of payments of wages which are not disputed claims, shall
be deemed in violation of this Agreement and the provision of Article X of this
Agreement shall not be operative with relation to such violations and any action
taken in connection therewith to enforce the terms of this Agreement shall not
be considered a violation of this Agreement.
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ARTICLE XXIV
AGREEMENT SHALL CONFORM WITH LAW
None of the provisions of this Agreement shall in any manner contravene,
or be inimical to any federal or Missouri state law, whether now in force or
which may be enacted during the life of this Agreement. In the event any
conflict or repugnance be found to exist between any such law and one or more of
the provisions hereof, the parties hereto agree to alter, change or modify such
provision to conform with such law, as if this Agreement has been executed
subsequent to the enactment of such law.
ARTICLE XXV
FUNERAL LEAVE
Employees who have accumulated one (1) year of service shall be granted a
leave with pay, not to exceed three (3) days through day of funeral, in case of
the death of mother, father, husband, wife, child or mother-in-law and
father-in-law of said employee. Employees who have accumulated one (1) year of
service shall be granted a leave, not to exceed one (1) day's pay, in case of
death of the brother, sister, stepchildren living with the employee,
stepparents, and grandparents of said employee. Proof of death and burial is to
be furnished to the Employer, upon request.
ARTICLE XXVI
LEAVES OF ABSENCE
Leaves of absence shall be granted as required by and in accordance with
the provisions of the Family and Medical Leave Act.
ARTICLE XXVII
NEW EQUIPMENT
Due to new technological methods and new types of machinery coming into
the industry, it is the Union's desire that if and when the Company acquires a
new machine other than normally used in the shop, that both parties hereto
arrange for a meeting to negotiate the said machine's operator into his proper
classification.
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ARTICLE XXVIII
SHOW-UP TIME
On days when there is no work for the employees and if the Company fails
to notify the employees during their shift on the scheduled work day prior to
the day there is no work, the employees shall be paid for four (4) hours'
show-up time unless due to circumstances beyond the control of the Company, or
work four (4) hours, at the election of the Company. Workers who are absent from
work on the scheduled day immediately before the day when there is no work will
not be entitled to four (4) hours' show-up time.
ARTICLE IX
DUES CHECKOFF
The Company agrees upon thirty (30) days' notice thereafter from the Union
that it will deduct initiation fees and membership dues uniformly required of
Union members or an amount equal to said dues and initiation fees upon receipt
from each employee who individually and in writing signs a voluntary deduction
authorization card that complies with all applicable provisions of the federal
law. The deductions for a current month shall be remitted to the Union during
that month.
The Union shall indemnify and save the Company harmless from any claims,
suits, judgments, attachments and from any other form of liability as a result
of making such deduction in accordance with the foregoing authorizations and
assignments.
ARTICLE XXX
EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall become effective as of the 1st day of May, 1998, and
shall expire on the 30th day of April, 2001, and shall not be subject to change
or modification during such period for any cause or reason whatsoever, and shall
so remain in full force and effect for periods of one (1) year thereafter from
each succeeding termination date, unless and until either of the parties hereto
complies with the following:
1. Serves a written notice upon the other party of the proposed
termination or modification sixty (60) days prior to the expiration
date hereof.
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2. Offers to meet and confer with the other party for the purpose of
negotiating a new contract containing the proposed modifications.
3. Notifies the Federal Mediation and Conciliation Service within sixty
(60) days after such notice of the existence of a dispute, and
simultaneously therewith notifies any state agency established to
mediate disputes within the state, and provided no agreement has
been reached by that time.
4. Continues in full force and effect without resorting to strike or
lockouts all the terms and conditions to the existing contract for a
period of sixty (60) days after such notice is given or until the
expiration date of the contract, whichever occurs later.
IN WITNESS WHEREOF, the parties have affixed their signature as of the day
and year first above written
CARPENTERS' DISTRICT COUNCIL XXXX WHOLESALERS, INC.
BY /s/ Xxxxx Xxxxxx BY /s/ Xxxxxx Xxxxxxxxx
----------------------------- ---------------------------------
XXXXX XXXXXX XXXXXX XXXXXXXXX
Executive Secretary-Treasurer
BY /s/ Xxxxxxx X. Xxx
-----------------------------
XXXXXXX X. XXX
Business Representative
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