EXHIBIT 99.1
AGREEMENT
EVERLAST FITNESS MANUFACTURING CORPORATION
AND
INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED, MACHINE AND
FURNITURE WORKERS, IUE-CWA, A DIVISION OF THE COMMUNICATION WORKERS OF AMERICA.
LOCAL 86820
JUNE 6, 2005 TO JUNE 5, 2009
ARTICLE NO. SUBJECT TEXT PAGE NO.
AGREEMENT 1
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ARTICLE I UNION RECOGNITION 2
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ARTICLE II UNION SECURITY 2
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WAGE DEDUCTION AUTHORIZATION 4
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ARTICLE III SENIORITY 5
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ARTICLE IV HOURS OF WORK AND OVERTIME & HOLIDAY PAY 5
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ARTICLE V HOURLY RATES 8
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ARTICLE VI GRIEVANCE PROCEDURE 9
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ARTICLE VII NO STRIKES OR LOCKOUTS 10
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ARTICLE VIII MANAGEMENT 11
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ARTICLE IX VACATIONS 11
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ARTICLE X LIFE INSURANCE, MEDICAL & DISABILITY BENEFITS 12
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ARTICLE XI FUNERAL LEAVE 14
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ARTICLE XII MISCELLANEOUS 15
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ARTICLEXIII ESTABLISHING INCENTIVE TIME ALLOWANCE 17
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ARTICLE XIV TERM OF AGREEMENT 18
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AGREEMENT
This agreement, made and entered into this sixth day of June, 2005 by and
between Everlast Fitness Mfg. Corp., of Moberly, Missouri, herein called the
"Company" and International Union of Electronic, Electrical, Salaried, Machine
and Furniture Workers, IUE-CWA, a division of the Communication Workers of
America, and Local 86820, herein called the "Union".
ARTICLE I
RECOGNITION
The company recognizes the Union as the exclusive collective bargaining agency
of all production and maintenance employees but excluding office clerical,
sales, guards, over-the-road drivers, professional and supervisory employees as
defined in the Act.
ARTICLE II
UNION SECURITY
SECTION 1. All present employees of the Company, and those who in the future
enter the bargaining unit after completing the required training period, shall
become, and shall remain, members of the Union in good standing, as a term and
condition of employment.
A) All present employees who are in training as of June 6, 2005 shall be
subject to the training provisions in effect. All new employees will be
subject to these same provisions.
B) All employees, upon satisfactory completion of their training period,
shall receive the hourly wage set by ARTICLE V.
SECTION 2. Any employee hired or transferred into the bargaining unit on or
after the effective date of this Agreement and covered by this Agreement, shall
be required as a condition and term of employment to become a member of the
Union, on and after the completion of the training period following transfer or
beginning of employment, and maintain membership for the life of this Agreement.
SECTION 3. All present and future employees, required to become members of the
bargaining unit, shall execute the necessary wage deduction authorizations as
hereinafter set forth, to enable the Company to deduct from the said employees
wages, the Union initiation fee and appropriate membership dues from the last
payroll week of the month following the completion of the training period of
employment with the Company and on such successive pay days as may be
appropriate.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 2 of 18
SECTION 4. All new full time employees shall be in training with the Company
during the first 480 work hours of their employment, and the employee must work
at least 480 work hours to complete the training period. The Company shall have
the right to discharge such employees during the training period without
recourse by the Union.
A) A former employee may be rehired on the basis that Union seniority
would be based upon the date of rehire and be treated as a new hire.
B) All other provisions regarding a new employee and eligibility for
benefit shall prevail for such rehired personnel.
C) Only the Company shall have the right to determine whether or not to
re-hire a former employee.
D) In the event the Company finds it needs some additional time to
evaluate an employee in training the training period will be extended
up to two (2) weeks providing this has the approval of such an employee
and the Union is provided with a written notice of such an extension.
E) Upon completion of the 480 hour training period Temporary workers
become Union employees. The standard training period is included in the
480 hours.
SECTION 6. The Company agrees to check off Union initiation fees and appropriate
membership dues from the paychecks of those employees for whom it has on file a
proper, signed wage deduction authorization.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 3 of 18
WAGE DEDUCTION AUTHORIZATION
Everlast Fitness Mfg. Corp., Date:_____________
Moberly, Missouri
I hereby assign to Local 86820, affiliated with the International Union of
Electronic, Electrical, Salaried, Machine and Furniture Workers, IUE-CWA, a
Division of the Communication Workers of America, from any wages earned or to be
earned by me as your employee, a sum, or sums, equal to the amounts of my
initiation fee and membership dues in said Union. I authorize and direct you to
deduct such amounts from my first pay for each month and to remit same to Local
86820.
The assignment and authorization shall be irrevocable for the period of one (1)
year, or until the termination of the collective bargaining agreement between
the Employer and the Union, whichever occurs sooner, and I agree and direct that
this assignment and authorization shall be automatically renewed and shall be
irrevocable for successive periods of one (1) year each or for the period of
each succeeding applicable collective agreement between the Employer and the
Union, whichever shall be shorter, unless written notice is given by me to the
Employer ten (10) days prior to the expiration of each period of one (1) year,
or of each applicable collective agreement between the Employer and the Union,
whichever occurs sooner.
--------------------------------
Employee
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 4 of 18
ARTICLE III
SENIORITY
SECTION 1 Increases in the work force shall be accompanied by a posting
procedure. Notice of all jobs will be posted on departmental bulletin boards
designated for that purpose and the notice shall remain posted for a period of
at least 48 hours including Friday and the following Monday. Employees shall be
given preference in accordance with the length of their continuous service,
subject to their ability to perform the work in question, it being understood
that efficiency is a necessary requisite. Employees are limited to one position
(job) change in a six month period.
Overtime shall be by seniority. The senior employee shall be asked to first
accept or reject the overtime requested.
SECTION 2. In the event that any employee of the Company shall enter the Armed
Forces of the Country while a state of war exists, or under compulsory military
service or industrial service, the Company will return them to their respective
positions when they are separated from such service and give them credit for
seniority for the time spent in such military or industrial service, provided
that such employees would, under normal working conditions then prevailing, be
so employed by the Company, are not physically incapacitated to perform their
usual work, and report for work within three (3) months of discharge from such
service. Said employees must present a discharge from service that is not
dishonorable as a prerequisite to rehire.
SECTION 3. Temporary layoffs due to lack of work, illness of the employee or
other causes beyond the control of the parties, shall not constitute
interruptions of continuous service as those terms are used in this section;
provided, however, that the continuous service of an employee shall terminate
when he/she shall not have performed any work for the Company for a period of
one (1) year or their length of active service, whichever is less, as well as
upon resignation or discharge for proper cause, and, further if within five (5)
working days after mailing to the employee's last known address of notice to
return by the Company; such an employee shall be considered to have refused to
return to work.
SECTION 4. Exception to termination in the event that an employee did not
perform any work for any reason for one (1) year (per Section 3 above) shall be
as follows:
A) Employees, as of January 1st, with at least six (6) years prior
continuous service shall have time of termination extended to fifteen
(15) months.
B) Employees, as of January 1st, with at least nine (9) years prior
continuous service shall have time of termination extended to eighteen
(18) months.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 5 of 18
C) Employees, as of January 1st, with at least twelve (12) years prior
continuous service shall have time of termination extended to
twenty-one (21) months.
D) Employees, as of January 1st, with at least fifteen (15) years prior
continuous service shall have time of termination extended to
twenty-four (24) months.
SECTION 5. When a layoff occurs the Company shall give as much advance notice as
is practicable under the circumstances, provided that for layoffs in excess of
five (5) working days, the Company will notify the employees at least two (2)
working days before layoff, or the Company will provide sixteen (16) hours of
straight time pay in lieu of such notice. In the event of layoff or discharge
the Company will provide the employees with a paycheck on the next scheduled
payday.
Layoffs are by seniority by position. More senior employees may bump a less
senior employee from the bottom of the plant seniority list. Providing the
moving employee has the required skill set for the position they are moving in
to. Voluntary layoffs will be permitted dependant upon position and work
required.
SECTION 6. During the contract terms the President and Secretary-Treasurer of
the Local Union shall be recognized as having super-seniority in the event of a
reduction of force, providing they have the ability to perform the assigned work
with skill and efficiency.
SECTION 7. The Company shall monthly post and keep current a seniority list.
ARTICLE IV
HOURS OF WORK
OVERTIME AND HOLIDAY PAY
SECTION 1. All employees shall be paid at the rate of one and a half times their
regular hourly rate for all hours worked in excess of 8 hours per day. There
shall be no pyramiding of weekly overtime premium for the same hours worked.
Vacation time will not be counted toward the 8 hours worked per day. Employees
past attendance will be considered in extenuating circumstances for excused
attendance. There shall be no pyramiding of daily and weekly overtime premium
for the same hours worked. The Company shall also pay employees one and one-half
times the regular hourly rate for all work performed on any of the following
holidays in addition to holiday pay under Section 2 of this Article:
o New Year's Day o Friday after Thanksgiving Day
o Good Friday o Christmas Eve
o Memorial Day o Christmas Day
o Independence Day o Employee's birthday as set forth
o Labor Day below
o Thanksgiving Day
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 6 of 18
If any of the above mentioned holidays fall on a Saturday, they shall be
observed on the proceeding Friday. If any of the above mentioned holidays fall
on a Sunday, they shall be observed on the following Monday. In the case of
holidays which fall back to back (Example: Christmas Eve and Christmas Day) the
Company and Union shall meet for the purpose of agreeing to the calendar days to
be selected as the paid holidays.
In the event that the employee's birth date is the same as one of the other
designated holidays, he or she will have the option of observing the Birthday
holiday the workday preceding the other holiday or the workday following the
other holiday.
If the employee's birthday falls during his or her designated vacation period,
for the first year of the Contract, he or she will have the option of observing
the Birthday holiday the work day preceding the vacation period or the work day
following the vacation period.
If an employee wishes to take the Birthday holiday on some other day then the
exact day of this birthday, or the Friday or Monday such a request to his
supervisor, who may, at the discretion of the Company, approve such a request,
provided the request is made seven (7) days prior to his or her birth date. If
the change is approved, the employee will receive straight time pay for work
performed on the employee's birth date.
Twice the employee's regular hourly rate will be paid for all work performed
Sundays.
SECTION 2. Although no work is performed thereon, employees shall receive eight
(8) hours pay at their regular hourly rate regardless of day holidays occur for
the New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, Christmas Day
and Employee's Birthday provided that:
A) The employee has completed the required training period prior to the
holiday.
B) The employee has worked his or her regular eight (8) hour day
immediately prior to and succeeding the holiday unless excused by the
Company.
SECTION 3. Full time employees reporting for work as directed by the Company
shall be provided with four (4) hours work or four (4) hours pay provided
however, that this shall not apply to employees who were not at work on the
preceding work day or unless failure to put him/her to work is beyond the power
of the Company. The Company shall make every attempt to notify employees of
known emergencies.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 7 to 18
SECTION 4. All employees are required to work such reasonable overtime as shall
be directed by the Company. Reasonable overtime is defined as eight (8) hours of
overtime Monday through Thursday and eight (8) hours of overtime on Saturday for
no more than three consecutive weeks. All overtime on Friday is voluntary.
Employees providing a reasonable verified excuse for not working overtime will
be excused from such overtime by the Company. Any employee who refuses to work a
reasonable amount of such overtime without providing a reasonable verified
excuse may be discharged following the third unexcused refusal during the twelve
(12) month period from January 1 through December 31.
Insofar as practical, the Company shall provide at least eight (8) working hours
notice in advance for all overtime to be worked on Monday through Friday. For
overtime hours to be worked on Saturday and Sunday, the Company shall give at
least sixteen (16) working hours notice to the affected employees.
ARTICLE V
HOURLY RATES
SECTION 1. Employees who have completed the training period, prior to June 6,
2005 shall receive an hourly increase as follows; providing they are employees
in good standing on the dates shown below:
A) On June 6, 2005: Current Union employees will be increased fifty-five
($.55) cents per hour.
B) On June 6, 2006: Fifty ($.50) cents per hour.
C) On June 6, 2007: Fifty ($.50) cents per hour
D) On June 6, 2008: Fifty ($.50) cents per hour
SECTION 2.
A) The date of employment and the seniority date will be date of hire.
SECTION 3.
A) The Company shall provide the Union with a monthly wage and seniority
list.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 8 of 18
ARTICLE VI
GRIEVANCE PROCEDURE
SECTION 1. Should any difficulties arise between the Company and the Union or
between the Company and an employee or employees, an xxxxxxx effort shall be
made to settle such difficulties in the following manner. In order to determine
whether any difficulty does exist, an employee shall not be precluded from
bringing any complaint to his/her supervisor's attention:
Step 1. Between grieving employee (s), and the supervisor of the department.
Step 2. Between grieving employee (s), and the department supervisor, a union
representative, and appropriate company representative.
Step 3. Between grieving employee (s), a union representative, and appropriate
officer of the Company as designated by the Company. At this step the grievance
shall be submitted in writing and signed by the aggrieved employee (s).
Step 4. Between grieving employee (s), a union representative and/or the
International Representative of the Union, and appropriate officer of the
Company as designated by the Company.
Step 5. In the event the parties cannot agree upon disposition of the grievance,
it shall be submitted, at the insistence of either party, to arbitration. The
arbitrator shall be chosen from a list of candidates obtained from the Federal
Mediation and Conciliation Service and must be approved by both parties. The
arbitrator shall meet with the parties and decide the dispute as soon as
possible. A decision of the arbitrator shall be final and binding on all
parties. Any expense incident to such arbitration shall be shared equally
between the Company and the Union.
SECTION 2. The Company will not discriminate against any member of the Shop
Committee because of his affiliation or activity with the Union.
SECTION 3. The Company will notify the Local Union of employees who are
discharged, but not including an employee who has not been employed past the
training period.
SECTION 4. Any grievance not concluded under Step 3 must be submitted in writing
within five (5) days from the date of occurrence.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 9 of 18
SECTION 5. During the term of this Agreement the Company will compensate all
members, stewards, and officers of the Local Union for all time lost during
regular working hours while processing grievances and for meeting with the
Company and for any other Union activities except that such compensation shall
not exceed two hundred twenty five (225) hours of straight-time wages combined
for all of the members, stewards and officers. Any individual time spent that
shall be less than ten (10) minutes per incident shall not be computed toward
the maximum allowance, during the terms of this Agreement.
SECTION 6. When an employee wishes to leave his post to engage in a Union
activity, the employee is required to advise his or her supervisor prior to
leaving the job and again when returning to work.
ARTICLE VII
NO STRIKES OR LOCKOUTS
SECTION 1. There shall be no strikes, lockout or work action of any kind or for
any reason whatsoever during the term of this Agreement.
SECTION 2. The parties agree that as a part of the consideration of this
contract any and all disputes and any and all claims, demands or action growing
there from or involved therein shall be by the contracting parties settled and
determined exclusively by the procedure provided in the Grievance Procedure set
forth in Article VI (above).
SECTION 3. If during the life of this Agreement any action occurs which is in
violation of Section 1 of this Article and if such action has not been
authorized, instigated, engaged in or ratified by the Union, then the Union, its
officers and agents shall not be held liable or responsible for damages by
reason of such action in violation of Section 1 of this Article if the Union,
its officers and agents will take reasonable means (including but not limited to
notification to person (s) involved to discontinue such action, forbidding of
picket lines, etc.) to bring an end to such action which violates Section 1 of
this Article.
Any employee (s) engaging in such unlawful action in violation of Section 1 of
this Article are hereby relieved of responsibility therefore and shall be
subject to disciplinary action.
Section 4. It is agreed that it shall not constitute a breach of this Agreement
for any employee or Union member covered thereby to refuse to cross a picket
line or to refuse to enter upon the premises of the Company if such refusal does
not constitute a violation of Sub-section 303 (a) of the Xxxx-Xxxxxxx Act.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 10 to 18
ARTICLE VIII
MANAGEMENT
The Management of the Company's plant and works and the direction of its working
forces, including the right to hire and relieve employees from active duty
because of lack of work or other legitimate reasons, and the right to suspend,
discipline or discharge for proper cause shall be vested exclusively in the
Company, so long as it does not abridge the terms of this Agreement.
ARTICLE IX
VACATIONS
SECTION 1: Vacation eligibility shall begin after 720 hours of service.
Employees hired as of June 1, 2004 will be given credit for vacation earned
after 720 hours.
SECTION 2: Vacation time will be provided by the Company based upon the
straight-time actually worked on the job including overtime, but excludes
Vacation time or other compensation, according to the following schedule:
THE COMPANY SHALL PAY A
AS OF SEPT. 1 BUT, AS OF SEPT. PERCENT OF ALL STRAIGHT
EMPLOYED 1 HAS BEEN TIME WORKED FOR THE
NOT EMPLOYED LESS MONTH PRECEDING THE
LESS THAN: THAN: FIRST OF EACH MONTH AS
FOLLOWS:
720 Hours ....... 1 year ....... 2%
1 year ....... 3 years ....... 3.75%
3 years ....... 5 years ....... 4.25%
5 years ....... 10 years ....... 5.75%
10 years ....... 15 years ....... 7.25%
15 years or
more... ....... ....... 8.75%
SECTION 3: Vacation time will be earned upon completion of 720 hours service.
Vacation time may be taken as it is earned. Vacation time is earned and posted
each week, as listed in Section 2.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 11of 18
SECTION 4:
(A) Employees can take up to, and no more than, 10 consecutive working days off
for vacation. All vacation must be approved by department supervisor based on
work load, date requested, and seniority.
(B) If an employee is going to take more than 5 consecutive working days off,
the employee must submit a vacation form one week prior to requested time off.
(C) Employees must roll 24 hours of vacation time from year to year. If
employees have less than 24 hours of vacation time at the end of the vacation
year then that amount will be rolled over to the next year. Those employees with
more than 24 hours of vacation time will be compensated with the first regular
paycheck after September 1st of each contract year.
(D) All vacation time must be submitted in advance and approved prior to taking
off. If vacation time is not approved normal absentee policies apply.
ARTICLE X
LIFE INSURANCE, MEDICAL,
DISABILITY BENEFITS
SECTION 1. All Union employees, excluding any dependents of the employees, who
have been continuously and actively employed at least 720 hrs shall be eligible
for life insurance, medical and disability benefits as provided in the policy in
force on February 1, 2002 on the first of the month following eligibility, as
provided herein.
SECTION 2. All Union employees who have been continuously and actively employed
at least 720 hours shall be eligible for "Dependency" coverage, as defined by
the insurance company, as provided below.
A) The employee shall pay 50% of the cost of this "Dependency" hospital
and medical coverage and the Company shall pay 50%.
B) In the event that the insurance company requires a minimum
participation on the part of the eligible employees for this
"Dependency" coverage to go into effect and if the eligible employees
fail to participate to the percentage required by the insurance
company, this coverage will not be put into effect, and all references
to "Dependency" coverage will be null and void and of no force and
effect.
C) Those employees who desire this coverage will be required to sign a
wage deduction authorization form so that the proper funds may be
withheld in advance from his or her pay check to enable the Company to
pay the proper premiums to the insurance company.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 12 of 18
SECTION 3. Any employee, excluding dependents of the employee, who desires to be
covered under this life insurance, medical and disability benefits plan during
his or her period of ineligibility may request inclusion provided such employee
will pay the full cost of the premium in effect for such coverage, but shall be
subject to acceptance by the insurance company.
If the employee also desires to be covered under the "Dependency" plan as
defined by the insurance company, then he or she may request inclusion and pay
the full cost of the premium for this coverage, but shall be subject to
acceptance by the insurance company.
Such employee will be required to sign a payroll deduction authorization form so
that the Company may deduct the cost of such coverage from his or her pay check
in order make remittance to the insurance company.
Deductions will be made following the request for coverage and coverage shall
commence as soon as the insurance company advises the effective date.
This Section 3 with reference to "Dependency" coverage shall be null and void in
the event that less than the required minimum participation required by the
insurance company of the eligible employees participate in this program, and
those eligible shall be subject to acceptance by the insurance company.
SECTION 4. All Union employees, excluding any dependents of the employees, who
have been continuously and actively employed at least 720 hours shall be
eligible for disability benefits on the first day of the month following
eligibility.
A) An eligible employee who qualifies for this disability protection shall
be paid sixty (60%) percent of the straight time earnings of the
employee at the time of disability but not more than two hundred twenty
five ($225) dollars per week.
B) The determination of benefits shall lie entirely with the Insurance
Company which provides this coverage.
SECTION 5. In the event that an employee is absent at least ninety (90%) percent
of the time during any sixty (60) day period, for any reason whatsoever, and
whether or not such absence is an excused absence, except due to an injury while
at work, he or she will automatically be dropped from all such coverage to which
he or she was eligible and such coverage will be cancelled effective at the end
of such sixty (60) day period. As prescribed by law, such employee has the
option to continue with medical coverage, for a maximum of eighteen (18) months.
Such a person must remit the cost, plus two (2%) percent of this insurance
directly to the Company. Such premiums must be paid monthly one (1) month in
advance. Nothing herein shall be considered valid if it is contrary to Federal/
State Law.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 13 of 18
SECTION 6. In no event shall the Company be liable for a refusal or failure of
the insurance company to provide benefits as the determination of the benefits
shall be entirely with a Missouri State accredited insurance company that shall
provide this coverage from time to time.
The Company reserves the right, at any time, to have the benefits covered under
this Article transferred to some other accredited insurance company.
ARTICLE XI
FUNERAL LEAVE
SECTION 1. Funeral leave of not more than five (5) days based upon eight (8)
hours per day during the term of this Agreement will be granted in the event of
a death of an employee's Husband/Wife, natural, step or adopted Children.
Funeral leave of not more than three (3) days based upon eight (8) hours per day
will be granted in the event of a death of an employee's Mother/Father,
Stepmother/ Stepfather, Grandmother/ Grandfather, Sister/Brother and
Grandchildren, legal guardian, or step Brother/Sister or half Brother/Sister, or
Significant Other.
SECTION 2. Funeral leave of not more than two (2) days based upon eight (8)
hours per day during the term of this Agreement will be granted in the event of
the death of the employee's Mother/Father-in-law, Son/Daughter-in-law or
Brother/Sister-in-law.
SECTION 3
A). The maximum number of funeral leave days that will be paid by the
Company to any employee for any and all causes during the term of this
Agreement will be ten (10) days, and no payment will be made if an employee
is on layoff, excused leave-of-absence, sick leave or not scheduled to work
at the time of bereavement.
B). Payment will be made for such funeral leave that occurs during the
workweek, Monday to Friday.
C). In the event of bereavement, the Company, upon request by the employee,
will permit the bereavement leave to commence with the day of death. Such
permission will be granted for all or any part of a regular workday.
SECTION 4. Payment will be made only upon proof of death and the employee's
relationship to the deceased, if required by the Company.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 14 of 18
ARTICLE XII
MISCELLANEOUS
SECTION 1. The Company agrees to furnish a bulletin board upon which the Union
may post notices of meetings and social activities.
SECTION 2. An employee who is duly chosen as a delegate to a labor convention
shall be entitled to a leave of absence for the period of time required for
attendance, without pay.
SECTION 3. Any member in good standing of the Union who loses work while serving
on a Jury, will be paid his or her hourly rate for the difference between the
compensation paid for jury service and straight time pay for his or her
scheduled working hours. The basis for such payment differential shall not
exceed forty (40) hours per employee during the term of this contract. The
employee must present proof of the amount of pay received and time spent for
jury service. Employees who perform Jury Duty and return to work that same day
shall have all Jury Duty hours counted as regular hrs worked for overtime
purposes. Employees will not be entitled to pay for overtime missed for Jury
Duty outside of scheduled work hours.
SECTION 4. The Company shall not discriminate against its employees in hiring,
discharge, wages paid, benefits received, the classification of said employees
because of race, sex, age, creed, religion, national origin or Union
affiliation.
SECTION 5. Fifteen minute rest period shall be in effect during mid-morning and
an additional Fifteen Minute rest period will be granted during mid-afternoon at
such time as shall be designated by the Company.
SECTION 6. If outside temperature is above 90 degrees at break time, Company
agrees to extend break to 20 minutes.
SECTION 7
A. Supervisors shall not perform regular union work except in the case of a
predecament caused by absenteeism, emergency, instruction and development
of work which employees are not qualified to perform.
B. Maintenance, and tool & die supervisor (s) shall be working supervisors
with none of the restrictions which apply to production supervisors, except
if a present maintenance or tool & die employee is laid off or if he/she is
denied, overtime as had been past practice. If either condition occurs the
maintenance, and tool & die supervisor will revert to 7A above.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 15 of 18
SECTION 8. When a Union representative of Local 86820 or any other Union
employee is required to accompany a safety (OSHA) inspector or any other
inspector on a tour of the Company's premises, such time lost by the Union
representative or Union employee shall be paid for by the Company at the
employee's regular pay rate, except that the Company shall not be required to
pay for such lost time in excess of a total of twenty-four (24) hours, as
applied to the entire unit.
SECTION 9. In the event that an employee is injured on the job, the Company will
pay for all remaining straight time hours for time lost during the day of such
injury.
If it is necessary for an employee who was injured on the job to revisit the
doctor or hospital as a result of this injury, the Company shall pay up to a
maximum of (4) hours of regular pay if such revisitation shall take place more
than 25 miles from Xxxxxxx; or a maximum of two (2) hours of regular pay if such
revisitation shall take place less than 25 miles from Xxxxxxx. In any event, the
employee must work a minimum of two (2) hours during such a day. If the employee
fails to work at least two (2) hours in such a day, the Company shall not make
any payment.
The Company will pay up to eight (8) hours if such visitation takes place over
60 miles from Xxxxxxx and in such a situation, will not necessitate the two hour
attendance rule.
SECTION 10. In the event that the Company safety policy requires wearing safety
shoes, or in the event that OSHA states that use of such shoes are mandatory,
the Company will pay for 75% of the cost. If safety policy requires safety
glasses the employee will be compensated 100% for prescription safety glasses
with examination, lens and frame. All purchases of the mentioned safety
equipment must have approval from the employee's supervisor prior to purchase.
There is a limit of one purchase of the mentioned safety equipment every 18
months.
SECTION11. The Company will match three percent (3%) of up to six percent (6%)
of the employee's contribution to the Company 401K plan.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 16 of 18
ARTICLE XIII
ESTABLISHING INCENTIVE TIME ALLOWANCE
SECTION 1. Time allowances on jobs shall not be reduced merely because employees
who work on those jobs are producing at a high incentive level from the rates
that have been set. They only reason an established time may be changed is:
A. When there is a change in methods, speeds, layouts, feeds, tooling
equipment or any other factor that will effect the time standard.
B. When there is a change in design.
C. When there is a change in quality requirements.
D. When there is a change in materials.
SECTION 2. When the Company times a job and set standards the employee can
request a review of the job in question by a Union/Company designated third
party who will compare his study with the Company's study and if a dispute
arises will be entitled to carry the complaint through the grievance and
arbitration procedure per the agreement.
SECTION 3. The Union will give the Company advance notice before the
Union/Company agreed upon third party schedules the review of the job in
question.
SECTION 4. The Union will be entitled to any and all materials used in the third
party's establishing of a time standard on the job in question.
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 17 of 18
ARTICLE XIV
TERM OF AGREEMENT
This Agreement shall become effective on the sixth day of June, 2005 and remain
in effect until and including June 5, 2009 If either party desires to amend or
cancel this Agreement at said expiration date, such party shall give to the
other written notice of such intention at least sixty (60) days prior to said
expiration date. In the absence of any such notice, this Agreement shall
continue in effect until cancelled or amended by sixty (60) days notice of
either party.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and the
year first written above.
International Union of Electronic,
Electrical, Salaried, Machine and
Furniture Workers, IUE-CWA, A
Division of the Communications
/s/ Xxx Xxxxxxxx /s/ Xxxx Xxxxxxxx
------------------------------ -------------------------------------
Xxx Xxxxxxxx Xxxx Xxxxxxxx, Executive V.P
/s/ Xxx Xxxxxx /s/ Xxxxxx Xxxxxx
------------------------------ -------------------------------------
Xxx Xxxxxx Xxxxxx Xxxxxx, President, Hard Goods
/s/ Xxxx Xxxxx /s/ Xxx Xxxxxxx
------------------------------ -------------------------------------
Xxxx Xxxxx Xxx Xxxxxxx, Vice President Mfg.
/s/ Xxxx Xxxx
------------------------------
Xxxx Xxxx
/s/ Xxxxx Xxxxxx
------------------------------
Xxxxx Xxxxxx
/s/ Xxxxx Xxxxxxx
------------------------------
Xxxxx Xxxxxxx
/s/ Xxx Xxxx
------------------------------
Xxx Xxxx
Agreement Dated June 6, 2005
Everlast Fitness Mfg. Corp. And
Local 00000, XXX,X,X,X,& F Workers IUE-CWA
A Division of the Communication Workers of America
Page 18 of 18
